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CIVIL GOVERNMENT 

LOCAL, STATE, AND NATIONAL 

BY 

ISIDOR LOEB, LL.B., Ph.D.. 

rROPlOSSOR OF POLITICAL. SCIENCE AND PUBLIC LAW IN 
THE UNIVERSITY OP MISSOURI 

AND 

THE HISTORY OF MISSOURI 

— BY — 

WALTER WILLIAMS. 

EDITOR OF "THE COLUMBIA MISSOURI HERALD" AND 
"THE STATE OF MISSOURI." 



J -> 5 



— ^Published By — 
DEMOCRAT PRINTING COMPANY 

CARROLLTON, MISSOURI 



1/6 > 



fuisARY of CONGRESS f 



\ Tu/ 



Two CoDtes Received f 

]7 190/ I 

^:^opyrieht Entry | 

SS ^ XXc, No= I 




COPYRIGHT 1907 

BY 

ISIDOR LOEB AND WALTER WILLIAMS 



PREFACE, 

This book- has been written in the hope that it will serve to promote 
and improve the study of government and state history in the schools of 
Missouri. It is apparent that many children v/ho leave the elementary 
school are ignorant of and indifferent to the simple facts of civil government 
in the United States as well as unacquainted with Missouri history. As 
most of these pupils do not attend a higher school this condition can not 
be remedied in the secondary school or college. The great majority of 
our voters and citizens must receive their training in citizenship during 
their years of study in the elementary school. Hence, the problem, 
which arises is that of presenting historical and political facts in such a 
manner as to interest the pupil and develop in him true political ideals and 
sentiments. 

Recognizing that the child in the elementary school can appreciate 
only the simple facts of government it has been the endeavor to avoid 
difficult problems and to omit all discussions of a technical legal or con- 
stitutional character. Moreover, as it is believed that the child can more 
readily understand those institutions which are close at hand and can be 
used for illustration, the text begins with a consideration of local govern- 
ment. The average pupil can be made to understand the institutions of 
local government which come within the range of his personal experi- 
ence. Illustrations with which he is perfectly familiar can be used and 
will serve to arouse his interest and stimulate his imagination. By draw- 
ing comparisons between the family and school and local government the 
pupil can be brought to an appreciation of the fact that he is a part of the 
government and thus be given the initial step in the training in citizen- 
ship. 

From these local institutions it will be possible to proceed by succes- 
sive stages to those of the state and nation. If the proper methods are 
used to retain the interest of the pupil he will appreciate his connection 



iv PREFACE 

with the broader fields of activity and organization in the same way as he 
has become conscious of his rehitionship in the narrow circle of his home. 
The teacher must not depend solely upon the text-book but must con- 
stantly supplement it with illustrations which will show the living, human 
interest of the subject. Under the guidance of the teacher the pupil can 
be led to present illustrations taken from his daily experience as well as 
from special observations of particular local agencies of government. 

The history aims to record the Story of Missouri, the important facts 
from the days of Indian occupation to the present. It is sought to give 
such knowledge of Missouri history as will aid to an understanding of 
government and inspire toward useful citizenship. 

Questions on the text have been prepared for the history and civil 
government. As these are intended primarily for upe by the teaclier 
they are inserted in the "Appendix." 

Columbia, Missouei, July 6, 1906. 



CONTENTS 



CIVIL GOVERNMENT 

PART I. 
Nature and Kinds of Governments. 



CHAPTER T— THE MEANING OF GOVERNMENT .... 9 

Necessity for Government. Government of the Family. Govern- 
ment of the School. Government of the State. 

CHAPTER II.— DIVISIONS AND DEPARTMENTS OF GOVERN- 
MENT 12 

Necessity for Divisions. Local Governments. State Governments. 
National Government. Three Departments of Government. 

CHAPTER III.-OFFICIALS AND ELECTIONS ... - - 15 

Necessity for Ofiacials. Method of Choosincr. Elections. Suffrage. 
Nominations and Political Parties. The Ballot. Results of the 
Election. 



PART II. 

Local Governments 

CHAPTER IV.— COUNTIES AND TOWNSHIPS 17 

Kinds of Local Governments. Origin of the County. The Counties 
In Missouri. County Officials. Compensation of County Officials. 
County Court. Clerk of the County Court. Clerk of the Circuit 
Court and Recorder. Sheriff. Coroner. Prosecuting Attorney. 
Assessor, Collector and Treasurer. Surveyor. Probate Judge and 
Public Administrator. County School Commissioner or Superin- 
tendent. The Township. The Mur icipal Township. The Incorpor- 
ated Township. Congressional Township. School District. 

CHAPTER v.— CITIES. TOWNS AND VILLAGES 26 

Municipal Government. Incorporation. Classification of Cities and 
Towns. Form of Government. City Legislature. Mayor. Other 
Executive Officials. City Courts. Rapid Growth of American Cities. 
Problems of City Government. Franchise. Municipal Ownership. 
Municipal Reform. Public Opinion # 



ti CONTENTS 



33 



38 



PAKT III. 

State Governments 

CHAPTER VI.— THE STATE CONSTITUTION - - 

The Beginning of American States. Colonial Charters and State 
Constitutions. How Missouri Became a State. Analysis of the 
"Siate Constitution. Amendment of the Constitution, Revision of 
the Constitution. 

CHAPTER VII.-THE STATE LEGISLATURE - - " , .V 

Composition. Representative Districts. Senatorial Districts. 
Qualifications of Members. Time and Place of Sessions and . Com- 
pensation. Quorum. Organization of the Houses. Committees. 
How Laws are Enacted. Governor's Signature or Veto. Influences 
upon Legislation. Restriction upon Legislation. Pubhcation of 
Laws. Revised Statutes. 

CHAPTER VIII.— THE STATE EXECUTIVE - - " , " " " ^4 

Execution of the Laws. The Governor. The Governor s Powers 
and Duties. Head of Administrative Departments. Secretary of 
State, Military Department. Promotion of Agriculture, etc. Labor 
and Transportation. Insurance. JJank and Building and Loan Su- 
pervision. Boards of Health and Examination. Miscellaneous, 

CHAPTER IX.— TAXATION AND REVENUE 51 

Meaning of Taxation. How Taxes are Distributed. Assessment. 
Rate of Taxation. Collection. Dram shop and Beer Taxes. Other 
Taxes. Public Debts. State and Local Treasurers. Expenditures, 
Table of Revenue and Expenditures. State Auditor, etc, 

CHAPTER X.— PUBLIC EDUCATION 57 

The State's Interest in Education. Public education in Missouri. 
Common School Districts. City, town or Village Districts. Annual 
Meeting or Election. Board of School Directors. School Term and 
Attendance. Teachers, Principals and Superintendents. County 
Supervision. County Commissioner and Board of Education. State 
Superintendent of Public Schools. Revenues for School Purposes. 
School Funds. State Appropriations. Local Taxation. High 
Schools. Normal Schools. University of Missouri. 

CHAPTER XL— CHARITIES AND CORRECTION - - - - 65 

Importance of the Subject. Local Poor Relief, State Charitable 
Institutions. Institutions for Corrections. Penal Institutions. 

CHAPTER XII.— JUDICIAL DEPARTMENT 68 

Courts and their Activities. Justice of the Peace. Circuit Court. 
The Administrative Officials of the Circuit Court. Arrest, Prelimin- 
ary Trial, etc. Criminal Trial. Civil Trial. Appeals from the Cir- 
cuit Court. Courts of Appeal. The Supreme Court. Impeachments. 

PAET IV. 

National Government 

chapter xin.— the national constitution ... - 74 

The Beginning of the Union. Articles of Confederation. The Con- 
stitutional Convention. Ratification of the Constitution, Analysis 
of the Constitution, The States ana tUe National Government. 
Method Qi Amendmeati. 



CONTENTS vii 



CHAPTER XIV.— ORGANIZATION OP CONGRESS - - - . 73 

The Two Houses, Composition of the House of Representatives. 
Representive Districts. Composition of the Senate. Classes of 
Senators. Vacancies. Qualifications. Privileges and Compensa- 
tion. Officers. Committees. Sessions. 

CHAPTER XV.— MODE OF LEGISLATION - 83 

In General. Power of the Speaker. Restriction upon Debate. Free- 
dom of Debate in the Senate. President's Influence upon Lej^isla- 
tion. Other Influences. 

CHAPTER XVL— POWERS OF CONGRESS 86 

In General. I. Revenue and Expenditures. National Taxation. 
Taxes on Imports. Internal Revenue Taxes. Unif oi'mity of Taxa- 
tion. Other Ordinary Sources of Revenue. Loans. Expenditure. 
Table of Revenue and Expenditures. II. Money. Kinds of Money. 
Coin and Bullion Certificates. National Bank Notes. United States 
Notes. Total Amount of Money in Circulation. III. Commerce. 
Inter-State and Foreign Commerce. Weights and Measures. IV. 
Postal Business, In General. V. War and Military Affairs. In 
General. Military Forces. Naval Forces. Military Pensions. VI. 
National Territory and Indians, Kinds of National Territory. Dis- 
trict of Columbia. Territories. Admission of States. Indian Terri- 
tory and Reservations. Miscellaneous. VII. Miscellaneous Pow- 
ers. Citizenship and Naturalization. Patents and Copyrights. Or- 
ganization of Executive and Judicial Departments. Implied Powers. 
Special Powers of the Separate Houses. Restrictions upon Con- 
gress. Freedom of Religion, Speech and Press. Personal Freedom. 
Eminent Domain. Titles of Nobility. 

CHAPTER XVIL— THE PRESIDENT - - . - - 100 

I. Organization of the Presidency. Term of Office. Qualifications. 
Compensation. Manner of Election. Succession to the Presidency. 

II. Powers and Duties of the President. Foreign Affairs. Military 
Powers, Legislative Powers. Judicial Powers. Appointments and 
Removals. The Executive Civil Service. Political Appointments 
and Removals. Civil Service Reform. .Execution of the Laws. 

CHAPTER XVIII.— EXECUTIVE DEPARTMENTS AND THE CABINET 106 
The Executive Departments. The Cabinet. General Organization 
of Departments. The Department of State. Department of the 
Treasury. The Department of War. The Department of the Navy. 
Department of Justice. The Post Office Department. The Depart- 
ment of the Interior, Department of Agriculture. Department of 
Commerce and Labor. Special Bureaus. 

CHAPTER XIX.— JUDICIAL DEPARTMENT - 112 

National Courts. District Court. Circuit Court. Circuit Courts of 
Appeals. Supreme Court. Court of Claims. Appointment, Term 
and Salary. Officials of Courts. Judicial Proceedings. Impeach- 
ments. 



viii CONTENTS 

HISTORY OF MISSOURI 

PART I. IN THE COLONIAL DAYS 

Chapters. page 

I. Discovery and Settlement of Land 116 

II. Ownership of the Land 120 

PART II... MISSOURI AS A TERRITORY. 

Chapters. 

I. The United States Comes Into Possession . - - 124 

II. Under the First Governor 128 

III. Life and Laws of the People 132 

IV. Exploring the West 137 

V. The New Madrid Earthquake 141 

VI. The Grov/th of the Territory - - - - - - 143 

VII. Asking Admission as a State 147 

PART III.. .MISSOURI AS A STATE. 

Chapters. 

I. Under the First Governor l.'^2 

II. The Administrations of Bates, Williams and Miller - 158 

III. The Administration of Dunklin and Boggs - - 162 

IV. The Administration of Reynolds and Marmaduke - 169 

V. The Administration of Edwards and King _ - - 173 
VI. The Administration of Price, Polk and Stewnrt - - 181 

VII. The State Decides Against Secession - _ - - 187 

VIII. Camp Jackson — AVar Begins ----- 191 

IX. Battles and Bloodshed of the Civil War - - - - 198 

X. The Convention and People 205 

XI. The Administration of Fletcher 210 

XII. The Administration of McClurg - - _ - 216 

XIII. From 1871 to 1880 - - ' 219 

XIV. From 1880 to the Present Time ----- 225 
XV. The Missouri of Today ------- 230 



APPENDIX. 

A. The Constitution of the United States - - - - 234 

B. Questions on Civil Government 249 

C. Questions on the History of Missouri , „ . - 265 



CIVIL GOVERNENT 

LOCAL, STATE AND NATIONAL 



PAET 1. 
FATimE AHD KmDS OF GOVERNMEITTS. 



, : ; CHAPTER 1. 

THE MEANING OF GOVERNMENT. 

Necessity for Government: — Wherever a number of 
people live together government of some kind must be pro- 
vided to secure and maintain peace, order and justice. Per- 
haps two persons m,ay claim the same thing. A dispute will 
arise and each may nse force to secure the object unless 
there is some way to decide who has the better claim to the 
property. For similar reasons there must be rules provid- 
ing hov7 persons shall act in certain eases. For example, 
when two persons are driving upon the same road in opposite 
directions there will be a collision unless they follow some 
common rule for turning to the right or left. Even when 
rules are made certain persons may refuse to obey them 
and thus cause injury to other persons. This would lead 
to quarrels and disorder if there were not some way to pun- 
ish the persons who have broken the rales and prc»vi«Ie sat- 
isfaction for the persons who have been wronged. The 
body which i)rovides these rules of action or laws settles 
disputes and punishes persons who violate laws is called the 
government. While the securing of peac0 and justice, 



10 NATURE AND KINDS OF GOVERNMENT 

are the Ghief purposes for which it exists, the government 
may be called upon to do many other things. Some of 
these governmental activities will be discussed in later 
chapters. "Whatever the government does, however, should 
be for the general welfare of its members or the persons 
who are subject to its laws. 

Government of the Family: — ;Every person is a mem- 
ber of several kinds of government. The smallest is the 
government of a family. Justice, peace and lorder are just 
as important in the family as in the larger units of gov- 
ernment. "Where two children claim the same plaything 
the father or mother must decide which one has the better 
right to it or a quarrel will result which may disturb the 
entire family. Order cannot be kept in the family if every 
one is free to come and go as he chooses. There must be 
regular hours for meals, for household duties, for study and 
for play. A child enjoys many privileges in the family. 
He receives care, support, education and affection. In re- 
turn he is subject to certain duties. He must render 
obedience and must respect the rights of other members 
of the family. He should do this freely because he cannot 
expect that these persons will respect his own rights unless 
he is willing to do the same thing for them. One cannot 
enjoy rights unless he performs the duties that go with them. 
Unfortunately it happens in the government of the fam- 
ily, as in that of the State, that its members do not always 
obey its rules or respect the rights of other members. In 
such cases punishment of some kind must be imposed upon 
the offending child. This punishment should be of such 
a nature as to lead to better conduct in the future. 

Government of the School:— An example of ,a larger 
sphere of government is to be found in the school, 
Here also, peace and order are necessary for the welfare 



THE MEANING OP GOVERNMENT il 

of the members of the school community. The pupil is 
just as much interested in the enforcement of the necessai-y 
rules as is the teacher. The condition is similar to that 
which is found in the school literary or debating society or 
on the base^ball or foot-ball field. A society cannot carry 
on its program unless order is preserved and this can be 
secured only with the assistance of its members. A ball 
game cannot be carried on without certain rules and if the 
persons engaged in the game do not obey the rules or su])- 
port the umpire's decisions the game will lead to quarrels 
and finally be broken up. In the school, society, or on the 
play-ground as in the family the rules of government are 
intended for the common welfare. As such they should be 
obeyed by all members of the community. 

Government of the State:— When one speaks of govern- 
ment he usually has in mind political government or the 
government of the state. The state includes a large num- 
ber of people and the number of rules or laws which are ne- 
cessary for securing peace, order and justice and for provid- 
ing for the general welfare in other w^ays is very much 
larger than in the family or school. tSome rules provide 
means for defense against foreign nations. Some are in- 
tended to protect the lives and property of individuals, 
while others provide for the construction of public buildings, 
streets, parks and public works iof different kinds. The gov- 
ernment is established for the purpose of securing these 
ends. It is the means by which the people of the state 
secure the adoption and enforcement of such laws as they 
desire and the doing of s:uch acts as these laws may require. 



CHAPTER 11. i 

DIVISICKS AND DEPARTMENTS OF GOVERKMENT. 

Necessity for Divisions:— In modern states it is not 
pcs^sible to have one body attend to all the matters of 
government This is especially true of the United States 
which has a vast territory and many millions of inha])i- 
tants. TJie climate of one section of the country dif- 
fers from that of others. Some of the states are chiefly 
agricultural, while others have many large factories or de- 
pend chiefly upon their mines. Some produce wheat and 
com, some cotton, and others fruits. These differences in 
elimate and productions lead to differences in the needs 
of the people and hence to differences in their laws and 
in the activities of their governments. In the United States 
there are three main groups, of governments representing di- 
visions of territory, namely, local, state and national gov- 
ernments. 

Local Go7eriiments:~The local governments are the 
smallest but they attend to matters v/hich are of most impor- 
tance to the people. They keep order and protect persons 
and property, collect taxes, provide public schools, help the 
poor, build streets and bridges, look after the public health 
and, in some cities, provide water and ligjiting systems. 
Local governments exist in counties, townships, cities, villages 
and school districts.^ 

State aoveraments.r-The State governments provide 
the general rules for the protection of the lives and property 

iFor a full discussion of the work of local governments see Chap- 
ters LV and V. *^ 



DIVISIONS AND DEPARTMENTS 13 

of the people. These rules are enforced by the local govern- 
ments. If, on account of riots or for other reasons a local 
government is prevented from enforcing the law, the state 
will assist in such enforcement by means of its military forces. 
The State government assists the local governments in ',be 
performance of som.e of their duties and attends to all 
matters which cannot be satisfactorily provided for by these 
authorities. Thus, for example, the State govern- 
ment maintains a university and normal schools, and schools 
for the blind, and deaf, supports hospitals for the insane 
and a penitentiary for criminals as well as reform school 
for boys and girls. It regulates insurance companies and 
railroads and takes measures for promoting the agricultural, 
laboring and manufacturing interests of the state.^ 

National Government:— The National Government deals 
with all matters affecting our relations with foreign coun- 
tries, maintains an army and navy for national defense, pro- 
vides a postal system, has charge of the territories, Indians 
and public lands, controls inter-state commerce and at- 
tends to many matters ^vhich affect the people of more than 
one state.2 

Three Departments of Government:— A government is 
divided into three departments according to the things 
which it is expected to do. In the first place, as we have 
already seen, the government must express the wdll of the 
people by enacting or makjng rules of law. "When these 
rules have been enacted differences of opinion will arise' as 
to their meaning so that it becomes necessary for the gov- 
ernment to decide the disputes by declaring the meaning, 

IFor a full discussion of the work of the State Government see 
Chapters VI-XII. 

2For a full discussion of the work of the National Government see 
Chapters XIII-XIX. 



14 NATURE AND KINDS OF GOVERNMENT 

or, as it is said, by interpreting the laws. Finally the will 
of the people, as expressed in rules of law, must be enforced, 
or the government must execute the law. In the experience 
of states it has been found best to separate these 
three activities of governments and assign each to a distinct 
department. Thus the Constitution of the United States and 
of Missouri provide a legislative department which is given 
the duty of enacting the law, a judicial department which in- 
terprets the law and settles disputes, and an executive de- 
partment which executes the law. No law should be enacted 
which does not represent the will of the people. Hence the 
legislative department consists of a large number of mem- 
bers, chosen by the people, who can discuss measures fully 
before adopting them. The interpretation of the law should 
be absolutely just and impartial. Hence provision should 
be made for securing able, upright and independent judges. 
The execution of law should be efficient. Hence the ex- 
ecutive should be a single individual or a small board or 
committee, as a large number would produce differences of 
opinion and thus lead to delay which may be a serious evil 
in the execution of the law. 



CHAPTER III 

OFFICIALS AND ELEOTIOKS. 

Necessity for OSicials: — ^In all of the divisions of 
government it is necessary that tjiere shall be lofficials, that is 
persons who are to act for the people in making laws, en- 
forcing the same and in deciding disputes which may arise. 
In a few eases the people meet together or vote to decide 
certain questions but generally the decision is made by per- 
sons w^ho represent the people. It would be inconvenient 
and expensive for the people to meet and vote upon all ques- 
tions. 

Methods of Choosing:— An official is chosen either by 
election, that is by a vote of the people, or by appointment, 
in which ease he is given his office by so^me superior official. 
In the national governm^ent, the president, vice president and 
membera of congress are elected but all other officials are 
appointed. In Missouri, on the other hand, most of the im- 
portant officials of the state and local governments are 
elected. 

Elections: — It is necessary that elections shall be 
held where the people can vote, that is state their choice be- 
tween the candidates or persons who desire to hold the 
ofnce. General elections for national, state and county offi- 
cials are held once in every two years on the Tuesday after 
the first Monday in November. Elections for city and 
school offxoials are generally held each year on the first 
Tuesday in April. 

Suffrage: — All parsons do not have the suffrage, that 
is the right to vote at elections. In Missouri this right 



16 OFFICIALS AND ELECTIONS 

is given only to men who are citizens, twenty-one years of 
age, and have lived in the state at least one year.^ The right 
to vote is also taken away from persons v/ho are kept in 
public poor-houses, asylums and prisons. 

Nominations and Political Parties: — ^While a person 
may vote for any one for an office the election is generally 
restricted to the candidates who have been nominated, that is 
electel by the different political parties. A political party 
is made up of voters who liavc the stime opinions on cer- 
tain questions of public policy and are opposed to the views 
of other political parties. These parties hold thoir own 
elections, which are called prinuuies or conventions, to 
nominate candidates for the offices which are to be filled at 
the national, state or local elections and each party tries to 
secure the election of its candidates. 

The Ballot: — A hallot is a piece of paper on which is 
written or printed the names of the candidates for whom a 
person desires to vote. In order that a voter may be free 
to vote for whom he pleases care is taken to prev^ent him 
from being improperly influenced in casting his ballot. In 
the voting place he makes out his ballot in a private booth 
and hands it to the judges, w^ho are the loffiicials in charge 
•f the election. 

Results of the Election: — The election generally contin- 
ues throughout one day. At the close the judges an.i 
clerks count the ballots and mak*e a list of the number of 
votes received by each candidate for office. The candidate 
who receives the largest number of votes for an office is de- 
clared elected. 

lA foreigner who has not lived in the United States long enough 
;to become a citizen may vote, ii he has declared his intention to become 
a citizen. 



PART II 
LOCAL GOVERNMENTS 



CHAPTER IV. 
COUNTIES AND TOV/NSHIPS. 

Kinds of Local Government:— It is the principle of 
local self government that the people of a locality have the 
right to choose their own offiicials and manage their own af- 
fairs. This principle is firmly established in most of the 
states. For purposes of local government Missouri is divid- 
ed into counties, townships, and school districts. In addi- 
tion to these divisions, certain parts of the state in which 
a large number of people have settled in a small compact 
area, hav^e been organized as cities, towns and villages. In 
these local divisions citizens are permitted to manage their 
ovm affairs, through their own officials, except as regards 
a few matters that are of general interest to the people 
of the entire state. 

Origin of the County:— The county is the largest of 

these divisions. As is true of the greater part of Ameri- 
can government the county had its origin in England. At 
ihe time the English established colonies in America, 
England w^as divided into a number of counties, in each of 
which there was a government to attend to the local af- 
fairs of the people of the county. It was natural that 
the colonists should bring with them the kind of govern- 
ment which they had at home and thus it happened that 
the English county government was introduced into Virgin- 
ia and most of the other colonies. Later when Territories 
were formed out of the western lands, they were likewise 



18 LOCAL GOVERNMENTS 

divided into counties. In 1}his way county government was 
brouglit into the Territory w'hich later became known as 
Missouri. 

Tht Counties in Missouri: — Originally there were 
only five counties in this territory. As the population in- 
creased these counties were divided and sub-divided by the 
legislature. At the time State government was intro- 
duced in Missouri there were 15 counties,while today there 
are 114 counties besides the City of St. Louis which is 
treated as a county. These counties vary in size from 
Worth County with 270 square miles to Texas County with 
1145 square miles. The boundaries of counties were de- 
fined by the state legislature but it cannot change the 
present boundaries without the consent of a majority of 
the voters of the counties afi^ected ^y the change. Some 
place in each county is selected as the county seat or the 
head-quarters of county government. Here are located the 
offices of the county officials, the court house, jail etc. 
The location cannot be changed except with the consent of 
two-thirds of the voters of the county. The number and 
kind of county offi'cials and their powers and duties are fixed 
by the legislature and county governments cannot do any- 
thing which they have not been authorized to do. 

County Officials: — A large nuniber of officials are re- 
quired for the many kinds of things which must Ibe attend- 
ed to in the county. At first they were appointed by the 
Governor, but today all important county officials , are 
elected by the people ^f the county. The County Court is 
the chief county authority. The other county officials are 
the Clerk of the County Court, Judge of the Probate Court, 
Clerk of the Circuit Court, Recorder of Deeds, Assessor, 
Collector, Public Administrator, and Surveyor, each elected 
for a term of four years and a Prosecuting Attorney, 



COUNTIES AND TOWNSHIPS 19 

Sheriff, Treasurer, Coroner and School Commissioner or 
County School Superintendent each elected for a term of 
fwo years.^ In a few counties some additional officers are 
chosen. Counties having- ''township organization" do not 
c'ect a county assessor or collector.^ 

Compensation of County Officials: — Some county 
officials are required to devote all of their time to the du- 
ties of their office es while others are expected to act only upon 
certain occasions. In all cases, however, the offi!dal is en- 
titled to be paid for his services. Different methods of 
payment are provided. The county treasurer receives an an- 
nual salary the amount beina: fixed by the county court. 
Some officials are paid for each day of service. Thus each 
of the members of the county court receives $5 for each day 
in which he is engaged in holding court. Most of the 
county officials , however, are paid under the fee system. 
They are perm.itted to charge certain amounts called fees 
for most of their offiicial acts and retain these payments as 
compensation for their services.^ The law fixes the max- 
ium amount of fees which can be retained by the different 
officials the surplus being paid into the county treasury.* 

Coimty Court: ' — The County Court consists of three 
judges. The county is divided into two districts, each of 
which elects a county judge for a term of two years. The 
voters of the entire county elect a presiding judge who 
serves for four years. The County Court is not, as one 
might imagine from its name, a judicial body. It has a 

lAn amendment to the Constitution of Missouri, changing the term 
of the Sheriff and Coroner from two to four years, was adopted by 
the people in November 1906. 

2See page 24 

SThe prosecuting attorney, in addition to certain fees, receives an 
annual salarv, the amount being graded by the population of the coun- 
ty. ' 

4In Jackson county, most of the county officials receive an annual 
salary and pay all of their fees into the county treasury- 



20 LOCAL GOVERNMENTS 

few minor judicial matters to attend to, but its chief busi- 
ness is of an executive or administrative nature. It is not 
usually called upon to interpret the law or settle disputes 
but is required to carry out the provisions of the law and to 
manage the affairs of the county. In many states it is 
known as a Board of County Commissioners. It gets its 
name in Missouri from the fact that when it was first cre- 
ated it acted as the probate court and had other judicial 
duties which today are performed by other bodies. The 
county court attends to the business affairs of the county. 
It looks after the expenses and must provide for taxes to 
raise enough money to pay all legal claims against the 
county. All bills and demands must be submitted to the 
court for examination. If the court finds an account is 
correct it issues an order for the amount, which will be paid 
by the county treasurer. The court constructs and has 
charge of the court house and all county buildings. It 
takes measures for the opening of county roads and may 
provide for the construction of bridges and other improve- 
ments on the same. It provides for the relief of poor per- 
sons and for this purpose generally maintains a county 
poor-house or infirmary.- In order to carry on certain oc- 
cupations licenses must be obtained from the county court 
which may also grant permits to railroads, telegraph com- 
panies, t?te., to use the county roada It provides for the 
investment of the county and other local school funds; 
appoints certain officials and fills certain offices ; has certain 
duties to perform in connection with the elections and the 
selection of petit and grand juries and exercises a general 
superintendence over county affairs and officials. In coun- 
ties with a large population the county court must meet at 
least once in every month. In other counties a meeting 
must be held at least once in every three monthsi, but the 
court may, and frequently does, hold special meetings. 



COUNTIES AND TOWNSHIPS 21 

Clerk of tlieCoiintyGourt:— 'The chief duty of the clerk 
of the county court or, as he is generally .called, the county 
clerk, is to keep the records, that is, an account of the pro- 
ceedings of the county court. He has, however, many 
other duties to perform in connection with nominations 
and elections,^ assessing and collecting the revenue, ap- 
portioning the school funds among the several school dis- 
tricts and attending to various special matters delegated to 
him by the county court or by the legislature. 

Clerk of the Circuit Court and Eecorder: — The clerk 
of the circuit court, or, as he is generally called, the circuit 
clerk, keeps the records of the circuit court which is held 
in each county of the state.^ He issues all legal papers 
which are necessary to carry on the proceedings of the court 
or to execute its judgments. 

The Recorder of Deeds keeps a record of all deeds, 
mortgages and other documents having to do with the title 
to property. His books are open to the public so that one 
who wishes to buy any property can find out if the per- 
son who offers to sell it has a good title to the same. 
The recorder also issues and records all marriage licen- 
ses. In the smaller counties the offices of circuit clerk 
and recorder are united. They are usually separated in 
counties with a population of over 10,000. ^ |v; - 

Bli®ri^:~It is the duty of the sheriff to preserve peace 
in the coumty and to arrest all offenders. He also has du- 
ties to perform in connection with the circuit court and 
other courts in the county.^ He notifies jurors, witnesses 
and other persons whose attendance in the courts is neces- 
sary; preserves order while the courts are in ses^on; ex- 



ISee page 15 
2Sec page 70 
3 They are united in only 40 counties 



22 LOCAL GOVERNMENTS 

ecutes the orders and judgments of the courts and has 
charge of the county jail. 

Coroner:— If the death of any one is or seems to be the 
result of the act of another person, the coroner is requir- 
ed to call a jury of six men to investigate and, in case they 
agree that a crime has been committed and charge any 
person with the same, the coroner takes measures for the 
arrest of such person. 

Prosecuting Attorney:— This of&cer prosecutes all per- 
sons who are brought to trial for crimes. His duties in 
this connection will be discussed in the chapter dealing with 
the Judicial Department of the State.^ In most counties 
he is also the legal advisor of the county court and acts 
as its attorney in civil suits but in counties having a popula- 
tion of 75,000 or more a special county counsellor may be 
appointed for such purposes. 

Assessor, Collector and Treasurer:— These three of- 
ficerp. have to do with the revenue of the local and state 
governments. The duties of the assessor and collector will 
be considered later in the chapter on Taxation and Rev- 
enue.^ The treasurer receives all money due to county 
from the collector or other sources. He must give bonct 
or security for its safe-keeping and can pay it out only 
upon warrants or orders issued by the county court. 

Surveyor: — The surveyor acts as county commission, 
er of roads and bridges under the direction of the county 
court. He makes surveys to fix the boundaries of lands 
either upon order of the county court or when desired by 
the owner of the property. 

2See page 70 

ISec pages 52, 53. 



COUNTIES AND TOWNSHIPS 23 

Probate Judge and Public Administrator:— T!he pro- 
bate judge and public administrator are concerned with 
the disposal of the property of deceased persons. The 
probate judges supervises and controls the acts and ac- 
counts of executors and administrators who have chargt 
of such estates and decides disputes which arise respect- 
ing such property. The public administrator takes charge 
of such estates when directed by the probate judge or 
when no other person is authorized to do so. The probate 
judge has charge also of the appointment of guardians of 
minors, insane persons, etc., and supervises and controls 
their acts. 

County School Commissioner or Superintendent; — The 

county school commissoner or superintendent has duties 
in connection with the system of public education and 
will be considered in the chapter dealing with that 
subject^. 

The Township:— The average size of Missouri counties 
is about 600 square miles. This area is too large for certain 
matters of government and hence townships^ which are sub- 
divisions of the county, are created for purposes of con- 
venience. In Missouri there are two kinds of townships, the 
"municipal" township and the ''incorporated" township. 

The Municipal Township: — The municipal township is 
not an important division of local government. It elects 
at least twf> justices of the peace for a term of four years 
and one constable for a term of two years The chief 
duties of these officials have to do with the keeping of the 
peace and the administration of justice and will be consid- 

2Sce pages 60, 61. 



24 LOCAL GOVERNMENTS 

ered later.^ Tlie municipal township al^o serves as a dis- 
trict for elections and for other purposes of the county, but 
does not have any business or property of its ov^n. 

The Incorporated Township: — In New England the 
county is not important and the township attends to most 
of the affairs of local government. In the Middle and the 
North-western States where the cioiunty is important, some 
of its business has been handed over to the township. In 
Missouri, any county may adopt such a plan if a majority 
of the voters are in favor lof the same. This is called town- 
ship organization and the townships* so organized are known 
as incorporated townships: They have power to hold 
property and make contracts and regulate certain affairs, 
chiefly matters affecting roads and bridges. Their officers 
are more numerous than those of the municipal township 
and include, in addition to the justice of the peace and 
constable, a township trustee, who is also treasurer, a 
township board of directors^ consisting of the township 
trustee and two other membersi, a clerk, who ia also assessor, 
a collector and as many road overseers as there are road 
districts in the township. All of thesie officers are elected 
for a term of two years. Cbunties having township organ- 
ization do not elect a county assessor or county collector, 
as their duties are performed by township officers. Town- 
ship organization has never been popular in Missouri and 
in 1906 only 18 out thq IM counties of the State were 
working under this system. A recent decision of the su- 
preme court held that the method by which the system 
had been adopted in 16 of thesie counties was; illegal. 
Hence the incorporated township is found to-day in only 
2 counties. It is probable, however, that it will soon be 
adopted again by some of those counties in which it existed 
before the decision of the supreme court. 

ISee page 69 



COUNTIES AND TOWNSHIPS 25 

Congressional Township:— The congressional townships, 
which are sometimes spoken of as a third class of townships, 
are not divisions of government. They were created by 
congress in connection with the survey of the public lands 
of the United States. Before these lands could be sold 
it was necessary to survey them, that is to adopt some meth- 
od by which to fix the boundaries so that one would know 
what lands he had bought. The plan selected provided 
for dividing the lands into rectangular areas, six miles 
square, or 36 square miles. This area was called a con- 
gressional township. Each township was divided in 36 
Bections. A section contained one square mile or 640 acres. 
Each section was further divided into quarter sections of 
160 acres each. Each township and stection received a 
number. It was an easy matter to locate a farm by its de- 
scription, as for example, the north-east quarter of Section 
32, Township 49. The location of the township is fixed 
by means of its distance from a base line running east and 
west and a meridian line drawn at right angle to such 
base line. A congressional township may have parts of its 
area in different counties while municipal and incorporate! 
townships cannot cross county boundaries. 

School District:— The public school districts and their 
government will be discussed in the chapter dealing with 
Public Education^. 

ISee page 58 



CHAPTER V. 
CITIEB. TOWNS AND VILLAGES. 



Government : — If all of the people of the 
state were engaged in agricultural pursuits there would be no 
need for any divisions of local government except the county, 
township and school district. As soon, however, as trade and 
manufactures begin to appear a new kind of local govern- 
men becomes necessary. These industries require a large 
number of people and, as time is an important element, these 
people must live close to their place of employment. When 
a large number of people live in a small, thickly settled 
area their needs become different and more numerous than 
those which exist among a farming population. Crimes 
and disturbances will occur more frequently, hence the gov- 
ernment must provide better meiansj of protection, and of 
preserving peace. When houses are close together the 
danger from fire is greater and special fire protection must 
be provided. In the country, if a person is careful, he can 
protect himself against ciontagious diseases. In the city, 
where he is close in contact with m_any people, he would be 
helpless if the government did not enforce rules to secure 
the public health. Among other things, people living in 
cities need sidewalks and rock or paved streets, a pure and 
ample water supply, lighting and sewer systems, street rail- 
ways, parks, hospitals, etc. Some of these things can be se- 
cured only through government activity and, as most of them 
require the use of the public streets, the consent and supervis- 
ion of the government is necessary for siich matters as are 
attended to by private individuals or corporations. By 



• CITIES, TOWNS AND VILLAGES 2l 

Municipal Government we mean the government wWcli 
regulates sucli matters in cities, towns and villages. 

Incorporation: — A group of people living in a city or 
town cannot exercise these powers of government until they 
have received permission to do so. As in the case of coun- 
ties, these powers of governm^ent are granted by the state 
legislature. The grant is called a charter and a city or 
town which receives such a charter is said to be incorpor- 
ated as a municipal corporation. At first the legislature 
passed a special act for each city or town, but as this led 
to lack of uniformity and other evil results the present 
state constitution forbids the legislature to pass such spe- 
cial acts. Instead the legislature is required to enact gen- 
eral laws governing cities and a community can become in- 
corporated as a city whenever a majority of its taxable 
inhabitants present a petition to that effect to the county 
court setting forth the boundaries of the proposed city. 

Classifloation of Cities and Towns: — As cities differ in 
their needs according to differences in population, the leg- 
islature is authorized to classify cities and to enact a gen- 
eral law governing each class. The legislature has pro- 
vided for four classes of cities^ as follows: First Class, 
those containing 100,000 inhabitants or more;i Second 
Class, those containing 30,000 and less than 100,000 inhab- 
itants^; Third Class, those containing 3,000 and less than 
30,000^.; Fourth Class, those containing 500 and less than 
3,000 inhabitants and towns with special charters, even if 
they have less than 500 inhabitants^. A city which is in 

IThere is no city in the first class. Kansas City and St. Louis 
have special charters, while St. Joseph prefers to remain in the 
Second class. 

2 St. Joseph is the only city in the second class. 

SThere are ZZ cities in the Third Class 

lAt present there are 219 cities in the fourth class. 



28 LOCAL GOVERNMENTS 

one class may, if it gains tlie necessary population, enter 
another class, provided a majority of tlie legal voters are 
in favor of such change. There is also a class of towns and 
villages,'- which contain a population of less than 500. In 
addition there are about 20 cities and towns which remain 
incorporated under special charters granted by the legisla- 
ture before the adoption of the present state constitution. 
The constitution also provides that St. Louis or any other 
city with more than 100,000 inhabitants may frame and 
adopt its own charter. Kansas City is the only city besides 
St. Louis which has framed its own charter though St. 
Joseph has sufficient population to enable it to do so. 

Form of GoverBment:— The general form of government 
in all classes of cities and towns is much the same except 
that there are many more officials in the larger cities. In 
each there is a legislative, executive and judicial depart- 
ment. .; 

City Legislature:— The city legislature is the body 
which enacts rules of order and provides for the various 
activities of the cities. Its enactments are called ordi- 
nances. In St. Louis it is known as the Municipal Assem- 
bly and consists of two houses, a Council and a House of 
Delegates. In Kansas City there are also two houses^ 
which was called the Upper and Lower Houses of the Com- 
mon Council. In other cities the legislative body consists of 
only one house and is known as the Common Council in 
cities of the second class; Council in cities of the third 
class; Board of Aldermen in cities of the 'fourth class and 
Board of Trustees in towns iand villages. Its members 
are elected by the people for terms which vary from one 
to four years. For this purpose the city is divided into 
districts called wards, each of which elects one or more mem- 

lAt present there are 320 towns and villages. 



CITIES, TOWNS AND VILLAGES 29 

bers of the council.^ In 'St. Louis and Kansas City, where 
there are two houses, the members of the lower house are 
chosen from wards while those of the upper house are elected 
on a general ticket by the voters of the entire city. The pow- 
ers of this body are greater in large cities than in small 
cities and villages. In all cities ordinances must be ap- 
proved by the mayor or passed over his veto by a vote of 
two thirds of the members of the legislative body. 

Mayor:— In all classes of cities there is a Mayor who 
is elected ,by the people for a term whic^h varies from two 
to four years. In towns and villages the chairman of the 
board of trustees takes the place of the mayor. The 
mayor is the chief executive of the city. He looks after 
the general enforcement of city ordinances, recommends 
matters to the city council, and appoints some of the city 
oificials. 

Other Executive Officials:— In all cities there are 
other officials who attend to different matters of admin- 
istration. Some are elected by the people while otheirs 
are appointed by the council or mayor or both. The num- 
ber and kinds of such officials vary, being much greater 
in larger cities. The more important of these officials iare 
the Assessor, Collector, Treasurer, Clerk, Attorney, Marshal 
or Chief of Police, Fire Chief, Engineer, Street Commis- 
sioner, Park Commissioner and Health Officer whose du- 
ties are indicated by their titles. When a city owns its 
own water and lighting plants these are under the charge 
of a Commissioner or a Board of Public Works. In St. 
Louis, Kansas City and St. Joseph the Police Department 
is under the control of Commissioners appointed by lihe 
Governor. 

iln St. Joseph the voters of the entire city elect one member 
from each ward 



30 LOCAL GOVERNMENTS 

City Courts:-— Wlien a person is arrested for violating 
a city ordinance lie is entitled to a trial. It would cause 
delay and fbe a great burden and expense to bring all of 
these cases before ttie state courts. Hence local courts 
are established in each city or village for the purpose of 
trying these cases^ and fixing the punishment in case tihe 
person is found guilty. An appeal may be taken to the 
higher courts of the state. These city courts are 
held by oilers who are known as judges of the police 
court or police judges or justices, and are generally elect- 
ed by the people of the city, though in St. Louis they 
are appointed by the mayor. In cities of the fourth class 
the mayor may act as police judge and in villages the 
city police court is held by the chairman of the board of 
trustees. 



Growth of American Cities:— The Nineteenth 
Century was marked by a marvelous growth in the number 
and size of American cities. In 1790 there were only six 
cities with a population of over 8,000, and the total popu- 
lation of these six cities was 131,472. In 1900 there were 
545 cities in this class with a total population of approxi- 
mately 25,000,000. Moreover, one city contained more than 
3,000,000 people and six cities had each more than 500,000 
population. Missouri, is primarily an agricultural state, 
yet one-third of her people live in 35 cities having a popu- 
lation of over 4,000 each. 

Problems of City Goverament:— This great growth in 
city population has brought into existence serious problems 
of city government. We have seen that in cities there 
must be large plants for furnishing water, light, telephones 
and means of transportation. These industries may be in 
thL^ hands of private persons but the people have a deep 



CITIES, TOWNS AND VILLAGES 31 

icterest in them. In the first place all of these plants must 
make use of the s.tre>ets of the city for their pipes, poles 
,or rails and it is important that this use should be; control- 
led in the interest of public safety and convenience and 
civic beauty a^ well as for securing to the city a part of the 
profits which result from such use. An equally important 
consideration arises from the fact that all of these things 
are necessities in a city and it becomes necessary to in- 
sure proper service. Finally, competition cannot exist in 
these industries, as it would seriously interfere with the 
uae of the streets by the public if several companies were 
permitted to lay pipes and rails and string wires on the 
same streets. But when a company has no competition it 
vail charge very high rates unless measures are taken to 
prevent such acts. 

Franchise:— The riglht to use the streets of a city for 
these purposes is called a franchise. It is granted by 
the city council. In many cases city councils neglect to 
include proper safeguards in such franchise grants. In 
other cases, companies have bribed members of the coun- 
cil to grant them valuable franchises withaut requiring 
proper compensation for the city. 

Municipal Ownership:— These practices have led to 
a strong demand for municipal ownership, that is, for the 
city to own and operate such industries. This has been 
done in som« cases, especially in water and light plants. 
Many of these municipal plants have been well managed 
but failures have occurred in other cases on account of the 
incapable or corrupt officials who were put in charge. 

Municipal Eeforms:— The corruption which has appear- 
ed in cities has led to a demand for municipal reform. 
This has taken several directions but among the most 
important is the reformation of the civil service.^ In the 



82 LOCAL GOVERNMENTS 

coTinty and township mast of tlie officials do not need any 
special qualification for their offices and frequent changes 
are reigarded as beneficial since it keeps the officers in 
touch with the people. But in cities the duties of officials 
are much more difficult and special preparation is needed. 
The city is in many respects, like a larg-e private corpora- 
tion and business methods should be use^d in its affairs. 
Most of its officials should be chosen because of fitness for 
the work and should hold office as long as their services 
are satisfactory. It is absurd that a man*s opinion on ques- 
tions of national politics should affect his qualifications for 
positions such as policeman, fireman or street commission- 
er. Some cities have recognized this fact by introducing 
examinations for the appointment of such officers and do- 
ing away with removals for political causes. Much re- 
mains to be done in this connection. 

Public Opinion:— Public opinion is the best means 
for securing such municipal reform. Difficulty exists, how- 
ever, in se^euring such opinion. Most men feel that they are 
too busy with their own affairs to give attention to muni- 
cipal conditions. They do not seem to realize that the 
affairs of the city are their own affairs. Citizens are be- 
'ginning to understand that poor water and light, muddy 
streets, and unhealthy conditions are largely due to their 
own neglect. As a result an intelligent public opinion is 
arising in our cities which is bringing about better muni- 
cipal government. 



PART m 
STATE GOVERNMENT 



CHAPTER VI. 

THE STATE CONSTITUTION. 

The Beginnings of American States:— For the oTiorin 
of the states in America we must go back to the Colonial 
Period. England esta^blished a number of colonies iu 
North America. Each of these had its separate govern- 
ment, consisting of an executive, legislative assembly and 
courts as well as local governments. The people of thir- 
teen of these colonies joined together to oppose certain 
acts of the British government and, when the latter used 
force, the representatives of the colonies in the Continent- 
al Congress declared that *' these United Colonies are, and 
of right ought to be, free and independent states.*^ Thus 
the Revolution changed the colonies into states. When the 
federal union was formed these states gave up certain of 
their powers to the national government but they con- 
tinued to be known as states. The relation of the states 
to the union will be considered in a later chapter. 

Colonial Charters and State Constitutions:-— Most of 

the English colonies had received written charters from the 
king. These charters granted titl-e to a certain amount 
of territory and generally made provision for the rights of 
the inhabitants and the kind of government which should 
obtain in the colony. The charter was the fundamental 
law of tih« colony and if the governor lor any official vio- 



34 STATE GOVERNMENT 

lated it his act was considered illegal. Some of the colonies 
were forceid to give up their charters but the force of ens- 
tK)m was strong enough to enable the people to retain the 
same general fotrm of government and to receive the protec- 
tion of their rights. When the colonies declared themselves 
independent states they naturally felt the need of having 
written charters as the basis of their new governments. 
In two of the colonies, Rhode Island and Oonnecticnt, the 
old charters were soi liberal that no change was necessary, 
but in the eleven other colonies state constitutions were 
adopted. The government provided by these consti- 
tutions was similar to that which had existed in the colonies. 

How Missouri Became a Stat©:— When the government 
of the United States was formed it came into possession 
of a large amount of territory which was not included in 
any of the thirteen states, and most of which was not in- 
habited. As people moved into this territory to settle they 
adopted simple rules for their own government. As the 
population continued to increase a more regular govern- 
ment became necessary and the national congress passed 
a law providing for the organization of territories. This 
law was the written charter of territorial government. 
The governm^ent provided wa^ similar in form to that 
which existed in the states and provision was made for the 
admission of the territory as a state into the Union as 
soon as it had sufficient population. When the United 
States acquired the vast territory of Louisiana it pursued 
the same policy. In 1804 an act was passed establishing 
territorial government in Upper Louisiana which included 
what is now Missouri. As the population increased the 
act was modified from time to time so as to give the peo- 
ple a greater share in the government until in 1820 the 
people were authorized by act of congress to frame a con- 



STATE CONSTITUTION 35 

stitution and state government. This constitution was 
drawn up hy a convention of representatives chosen by 
the people. Of the 32 new states which have been admit- 
ted into the Union, the ^eat majority were cremated in 
this manner, though in the case lof Vermomt, Kentucky, 
Tennessee, Maine, Texas and California, other methoda 
were followed. 

Analysis of the State Constitntion : — The first state 
constitutions were short documents containing /only a few 
thousand wordg. They dealt only with the most funda- 
mental matters of government and left the legislature to 
provide the details of organization. Later constitutions 
have undertaken to regulate more of these matters and 
hence have become much larger. The first constitution of 
Missouri contained about 10,000 words, while the present 
constitution contains over 25,000 words. 

The constitution of Missouri, which is siimilar to most 
of the state constitutions, consists of fifteen articles and 
d^eals with the following matters : 

1. The boundaries and jurisdiction of the state. 

2, The bill of rights or that part of the constitution 
which protects the individual against the government. It 
contains provisions guaranteeing to individuals personal 
freedom and property rights, freedom of religion, speech 
and press, regular legal procedure, including right of trial 
by jury, etc. 

3, The separation of the powers of government into 
three distinct departments, legislative, executive and judi- 
cial. 

4. The framework of government, including the or- 



36 S*ATE GOVERNMENT 

gaBization and piower of these three departments and pro- 
visions for local ^overnm-ents. 

5. Miscellaneous articles dealing with elections, rev- 
enue and taxation, public education, corporations, militia, 
•tc. 

6. Mode of amending and revising the constitution. 

Amendment of the Constitution: — ^As the state in- 
creases in population and its industries multiply it becomes 
necessairy to adlopt amendments lor make changesi in the 
constitution. More courts may be needed or it may be de- 
sirable to increase or diminish the power of some depart- 
memt of government. In order for an amendment to be- 
come a part of the constitution it must be proposed by a ma- 
jority of the members of each house of the state legislature 
and, after having been duly publisheid £or the information 
of the people, it must be approved by a majority of the 
voters voting on such amendment at a general election. 
Twenty amendmentis to the present constitution have been 
adopted in this manner. 

Revision of the Constitution:— It may happen that the 
constitution as a whole has become unsuited to the people 
in which event a demand will arise for the adoption of a 
new constitution. In such a case the legislature provides 
for a vote of the people upon the question of holding a 
constitutional convention and, if a majority approve, del- 
egates to such convention are ele<3ted, two being chosen 
from each senatorial district or 68 in all. This convention 
revises the constitution. Besides the original constitution- 
al convention of 1820, three other conventions have adopted 
constitutions in this state, namely in 1845, 1865 and 1875. 
Ab the constitution of 1845 was rejected by the people it 



STATE CONSTITUTION 37 

never went into effect. It wias the original rule that the 
new constitution as adopted by the convention did not need 
to be artibmitted to the vote of the people and the first 
constitution of Mjissouri went into effect without such a 
vote. Today, however, it is the rule in Missouri, as m most 
states, that the constitution, as revised by the convention, 
must be ratified by a majority of the voters. 



CHAPTEE YIL 

THE STATE LEGISLATUEE. 

Composition: — The legislature in Missouri is known as 
the General Assembly and, as in every other state, is com- 
posed of two houses, the Senate and the House of Repre- 
sentatives. Representatives and senators are elected by 
the voters, the former for a term of two years and the 
latter for a term of four years. The senators are arranged 
in two classes so that the terms of one-half end every two 
years. 

RepresentatiYe DiEtricts:— It is important that all parts 
of the state should be represented in the General As- 
sembly. Hence the members are not chosen by the voters 
of the entire state, but the state is divided into districti^ 
for this purpose. The county is the district for electing 
representatives, each county, however small, electing one 
member. The constitution provides a method for giving 
additional repr^sexitatives to the large counties. The en- 
tire population of the state is divided by 200. The quo- 
tient is called the ratio of representation. Counties with a 
population equal to two and a half times said ratio are 
entitled to two representatives; those having four times 
the ratio to three representatives; those having six times 
the ratio to four representatives and those* having more 
than this number are entitled to one additional represen- 
tative for every two and a half additional ratios. The pur- 
pose of this plan isi to prevent the counties with large cit- 
ies from obtaining a majority of the representatives, At 



STATE LEGISLATURE 39 

present St. Louis City has sixteen representatives; Jack- 
son County, six; Buchanan County, four; Jasper County, 
three; Greene and St. Louis counties, two each; and the re- 
maining lOne hundred and nine counties, one each, making 
a total of one hundred and forty-two members of the 
House of Representatives. The apportionment is changed 
every ten years after the national census has been taken. 

Senatorial Districts:— The Senate is a much smaller 
body, the number of its members being fixed by the con- 
stitution at 34. For the purpose of electing senators the 
legislature every ten years divides the state into 34 sena- 
torial districts. The constitution provides that these dis- 
tricts shall ibe compact and as nearly equal in population 
as may be but this rule may be violated by what is known 
as gerrymandering , the districts being established in such 
a manner as to give one political party an advantage over 
another. It is also required that whenever a district is 
composed of two or more counties, they shall be contiguous. 
As a rule no' county <3an be divided so as to bC' in two 
districts, though if a county is large enough to be 'entitled 
to two or more senators it must be divided into as many 
districts. 

Qusdi^eations of Members:— The qualifications for elec- 
tion to either house are low. Mem^bership is restricted to 
male citizens and qualified voters who have been residents 
of the representative or senatorial districts for 'one year 
next proceeding the election and have paid state and county 
taxes within such period. A representative must be at 
least 24 years of age while a senator must have reached 
the age of 30 years. Persons who hold any office paying 
a salary or compensation cannot be members of either 
house .^ 

lExcept miUtia officers, justices of the peace and notaries public, 



40 STATE GOVERNMENT 

Time and Place of Sessions and Compensation:— The 

General Assembly holds its sessions at Jefferson City, 
whieh is the State Capital or seat of government. A reg- 
nlar- session is held once in every two years, beginning on 
the first Wednesday after the first day of January in odd 
numbered years. Extra sejssions may bet called by; the 
Governor for the consideration of such matters as he may 
recommend to the General Assembly. The constitution 
does not fix the time for adjournment or close of the! ses- 
sion which is brought about by agreetaent between the 
two houses. At the siamte time the rule' regarding com- 
pensation of members practically settles the time of ad- 
journment. Each member receives five dollars a day for 
the fil^it sieventy days of each session and one dollar a day 
for the remaining days of the session.^ Experience shows 
that the length of the sessfon rarely exceeds the above, 
limit by more than a few days. Each member also receives 
an allowance for traveling expenses, called mileage, and 
thirty dollars for stationeay, ©!«. 

Qiiorum: — A qujormn of any body is the number re- 
quired to do business. The general rule is that a quorum 
of an assembly is a majority of its members and this is 
the rule in Missouri for each house of the General As- 
sembly. If less than a quorum are present no business can 
be transacted except that those present can take measuxeg 
for compelling the attendance of absent members. 

Organization of the Houses: — Each house elects its 
own officers, except that the Lieutenant Governor is., by vir- 
tue of his office, President of the Senate. The presiding of- 
ficer of the House of Representatives is called the Speak- 
er. Each house has a President or Speaker pro tempore^ 

2In a revising sessions the period during which they receive 
five dollars a day is extended to 120 days. 



STATE LEGISLATURE 41 

who presides in tlie absence of the President or Speak- 
er, a Secretary or Chief Clerk, Chaplain, Door-keeper, 
Serge|ant-at-Arms and numerons clerks. 

Committees: — It is important that every proposed 
law should be carefully examined before being acted upon 
by the General Assembly. So many measures are propos- 
ed that it would be impossible for each to receive the care- 
fulj attention of the houses, which are too large for such 
purposes. Hjence, committees, consisting of a small num- 
ber of members, are established in each house, to each of 
which is assigned the duty of examining and reporting 
upon all measures dealing with a certain sfubject, for exam- 
ple, taxes, appropriations of money, railroads, education, 
etc. A committee hears arguments in favor of or 
against proposed laws. It may recommend the passage of 
a measure or propose amendments to it or advise its re- 
jection. The majority of the members of a committee be- 
long to the political party which is in control of the house. 
They have much influence upon legislature and their recom- 
mendations ard generally adopted. , 

How Laws are Enacted:— Any member of thei housq 
can introduce a **bill.'^ It must be referred to a com- 
mittee and the house cannot pass the same until the com- 
mittee has reported and the bill has been printed for thse 
use of the members of the house. In ord'^jr to prevent 
hasty legislation, it is refquired that before being passed 
each bill shall be read on three different days in each 
house. The bill is debated and amendments can. be made 
in each housie. If thd bill receives the votes of a majority 
of all the members elected to the house it will be sent to the 
other house where it goes through a similar procesei. If 
it is amended in this house it must be returned to the filrst 
house which may agree to the amendment or refuse to do 



42 STATE GOVERNMENT 

so. In the latter case the bill is generally sent to a confer- 
m.<ie committer appointed by each house. If this eommit- 
tee can agree upon a compromise the bill is generally pas- 
sed; otherwise it fails. 

Goveimor's gignatnre or Veto: — A bill having passed 
both houses becomes a law if the Governor signs it within 
ten days after he has received it or within thirty days if 
the General Assembly has adjourned befor the end of the 
ten days. If the Governor does not approve the measure 
it is his duty to veto it, that is, to indicate his disapprov- 
al, and return the bill to the house in which it was first in- 
troduced, He^ may veto one or more items in a bill appro- 
priating money and approve the rest of the bill. After a 
vetoed bill is returned to the General Assemsbly, it may 
beicome a law without the signature of the governor pro- 
vided it receives the votes of two-thirds of all the mem- 
bers elected to each house. If the governor does not 
sign or veto a bill wdthin ten days after he has received it, 
the two houses, if still in session, can, by resolution, de- 
clare such bill a law without the governor's signature. 

Influences Upon Legislation: — Persons who Vv^ish to 
have laws enacted visit the Capital and present arguments 
to committees and members. This is known as lobbying. 
In many cases it is of benefit as the information is of value 
and asBistance to the legislature. But in other cases men 
are employed for the purpose of securing or defeating 
legislation by improper means, such as personal induce- 
ments and other forms of bribery. This is illegal and 
h,armiul in the highest degree. 

Restrictions Upon Legislation: — ^At first the people 
did not placei many restrictions upon the legislature but 



STATE LEGISLATURE 43 

left their representatives free to enact such laws as they 
thought best. Distni^ of the legislature has led to re- 
strictions upon its powers. These restrictions cover a 
wide range of subjects. Among other things they limit its 
power to levy taxes, incur debts, and pass special laws 
with regard to a large number of subjects.^ 

Publication of Lav/s: — Laws enacted by the General 
Assembly, do not take effect until ninety days after the ad- 
journment of the session except that in case of an emergency 
the General Assembly, by a vote of two-thirds of the mem- 
bers elected to each house may provide an earlier date. 
This period is intended to give time for the publication of 
the laws. The lawss are prepared for publication by the 
Secretary of State and are issued in a bound volume, copies 
of which are sent to certain officials in all of the countieg 
of the state. 

E@TiB6d Statutes: — Once in. every ten years, the laws 
passed by the General Assembly are revised. The ses- 
sion of the legislature which is held before such revision 
is made is known as the Revising Session. Many acts' :are 
revised at this session. A comniis,siion is then ^established 
v/hose duty is to prepare the Revised Statutes for pub- 
lication, omitting all laws which have been repealed . The 
last revision of the statutes was published in 1899. 

iSee State Constitution, Art- IV- » Sec. 34-36. Art. X. 



; ■ ; ; ' CHAPTER VIII. 

; THE STATE EXSOUTTVE. 

Execution of the Laws: — We have seen that many of 
the laws passed by the! Greneral Assemibly are carried into 
execution by the officers of the local governments^ Some 
matters, however, cannot be attended to in this ViSLj, 
either because the necessary expenditure is too great or 
uniform action for the entire state is desirable. Hemce 
there is a Governor and a large number of state offixjials 
w'hose duty it is to supervise the execution of the laws and 
administer the affairs of the state government. ^ ; -#l 

The Governor:— The chief executive power is vested 
in a Governor who is elected by the people for a te'rm 
of four years and cannot be reelected asi his own successor. 
Hd mustt be at least thirty-five years old and must have 
been a citizen of the United States for ten years and a 
resident of Missouri for seven years before his election. 
He re/ceives an ann(u!al salary of $5,000 and the use of a 
furnished residence at tihe Capital. A Lieutenant Gov- 
ernor is elected at the same time as the Governor, holds 
for the! same term and must possess the same qualifications. 
As we have seen he is President of the Senate. He receives 
a salary of $1,000 a year and $7.00 additional for each day 
during the sesision of the Senate. If the Governor leaves 
the state the Lieutenant-Governor acts in his place un- 
til he returns and in case of the death or removal of the 
Governor he is succeeded by the Lieutenant Governor., 



STATE EXECUTIVE 45 

If there is a vacancy in the office of Lieutenant Governor, 
the President pro tempore of the Senate and the Speaker 
of the House of Representatives succeed in regular order 
to the office of Govesmor. 

The Governor's Powers and Duties:— It is the Gover- 
nor's duty to see, that the laws arei faithfully executed. 
It is not usual for him to interfere with the execution of 
the laws by the local officials, but if they are unable or 
unmlling to execute the laws, the Governor can act. He 
is Commander-in-chief of the State Mjilitia, a military or- 
ganization, and can send the soldiers to any parts of the 
state to preserve order and execute the laws. The Gover- 
nor has the power of appointing many of the state officials. 
In siome eases his appointments must be approved by the 
Senate. He fills most offices which become vacant, includ- 
in county offices, and in certain cases, can remove officials 
from office. He has certain powers of a judicial nature. 
He may grant a reprieve, that is, a postponement of a pun- 
ishmejnt to which a person has been sentenced, or a com- 
mutation, a reduction of the amount of punishment, or a 
pardon, that is, do away entirely 'with the punishment. In 
order to prevent an abuse of this power he is required to 
notify the General Assembly of his reaskDn for granting 
the reprieve, commutation or pardon. The Governor's 
powers to call special sessions of the General Assembly 
and to veto bills which have passfed both houses have been 
considered. In addition, he sends a message to each Gen- 
eral Assembly, lat the opening of the session, giving in- 
formation about the State and its njeeds and can send spe- 
'cial messuages of recommendation or information at any 
time during the session. As it is generally the case that 
the Governor is a leader of the political party to which the 



46 STATE GOVERNMENT 

ma.iority of the legislators belong his reeommendations 
are apt to have considerable effect upon legislation. 

Heads of Administrative Departments— The Constitu- 
tion provides that the Executive Department shall also 
include the following: Secretary of State, State Auditor, 
State Treasurer, Attorney General, and Superintendent 
of Public Schools. All of these officials are elected by the 
people for terms of four years. Any male citizen of the 
United States who has reached the age of twenty-five years 
and has been a resident of Missouri for five years next 
beifore his election is eligible to be elected to any of these 
offices. Each of these officials receives an annual salary 
of $3,000. The legislature has 'also created a large number 
of administrative officials, all of whom are appointed, 
chiefly by the Governor, except thrtee EaiLroad and "Ware- 
house Commissioners who are elected for terms of six years. 
These officials deal with many different matters but most 
of them can be grouped under a few classes according to 
the general nature of their duties and activities!. The 
State Auditor and State Treasurer will be discussed in 
the Chapter on Taxation and Revenue ; the Attorney Gener- 
al, in the Chapter dealing with the Judicial Department 
and the Superintendent of Schools in the Chapter on Public 
Education. >. 

B^retftry of State:— It is important that the; official 
documents of the Getneral Assembly shall be preserved 
M^here they can be referred to. The Secretary of State 
is the keeper of such records. He also keeps a record of th^ 
official acts of the Governor to which he adds hi» signa- 
ture. He keeps the Great Seal of the State* which is usel 
to authenticate documents. From the records in his office 
he publishes the laws and journals of the General Assembly 



STATE EXECUTIVE 47 

and distributes tke same to state and local officials. Nom- 
inatior.8 for state offices are filed in his office. He keeps a 
record of all elections and of the name and term of office 
of all state and local officials, and publishes this and other 
valuable information in the Official Mjanual of the State ol 
]Missouri, which is issued once in every two years. In ad- 
dition to his duties as keeper of documents and records 
the Secretary of State performs the duties of Register of 
Lands, issues certificates of incorporation of companies, and 
has charge of the examination of banks and trust companies 
chartered by the State. He is a meimber of certain boards, 
ffuch as the Public Printing Commission, Board of Per- 
manent Seat of Government, and Board of Equalization 
and has a number of miscellaneous duties to perform. 

Military Depciittment:— The State needs soldiers to 
preserve order, when the police and local officials are 
unable to do so, and for the purpose of assisting the Na- 
tional Government in time of war. This Militia organi- 
zation is called the National Guard *of Missouri. In case 
of need all able bodied male citizens, between the ageis of 
eighteen and forty-five years become liable to service in the 
militia, but in time of peace enrollment is purely voluntary. 
The Governor is Commander-in-chief anid administers 
military affairs through the Adjutant-General whom he 
appoints. At present, the National Guard of Missoux'i 
consists of forty-seven companies which are located in cit- 
ies and towns in difi!erent parts of the state. They are or- 
gainized in one brigade consisting of four regiments, a se«p- 
arate battalion and one battery of artillery. The State 
cadet corps of the University of Missouri and seven mili- 
tary academies in the State are recognized as posts of the 
National Guard. 



48 STATE GOVERNMENT 

Promotion of Agriculture, Etc:— The State is deeply 
interested in promoting agricultural and similar industries^ 
For this purpose a number of boards and societies have 
been created. The most important is the Missouri State 
Board of Agriculture which looks after the agricultural 
and live stock interests of the State and has charge of the 
'State Fair which is held every year at Sedalia. State so- 
cieties exist for promoting fruit and poultry interests and 
the State Dairy Commissioner has duties in connection 
with dairy and butter and cheese industries. Scientific 
experiments for the improvement of lagricultural and fruit 
production are carried on at the State Agricultural Experi- 
ment Station which is a part of the University 'of Missouri 
at Columbia and the State Fruit Experiment Station located 
at Mountain Grove. The Fish Commission of Missouri takes 
measures for stocking the rivers and waters of the State 
with fish and the -Game and Fish Warden looks after the 
enforcement of the laws for the protection of game and 
fish. 

Labor and Transportation:— The legislature has pass- 
ed laws regulating the conditions of laborers in factories 
and mines and these laws aire enforced through the agency 
of a Commissioner of Labor and Inspection, a Factory 
Inspector and a number of Mine Inspectors. These officials 
collect and publish facts concerning the condition of labor- 
ers in the State. The legislature has also passed laws 
regulating railroads in the interest of the people. The 
Board of Railroad and Warehouse Commissioners attends 
to the execution of these laws and looks after the inspec- 
tion and grading of grain. 

Insurance: — 'Companies engaged in the business of 
insuring property agree to pay a certain amount of money 



STATE EXECUTIVE 49 

in case the property is destroyed by fire or in certain oth- 
er ways. They also insure a man's life by agreeing to 
pay a certain amount of money to his wife, children or 
other heirs when he dies. In order to protect people 
against fraud in such matters the laws provide for the 
ex:amiTiation of insurance companies and only companies 
which are found to be safe are pei-mitted to io i)usinos.s in 
the State. T!he Superintendent lof the Insurance Departs 
iiiont conducts these examinations and grants licenses or 
permits to companies to carry on their business in the 
.State. 

Baiik and Btdlding and Loan Supervisioia:— Similar 
laws exist with regard to State Banks aaid Trust Companies 
and Building and Loan Associations. The examination of 
tyK" former is conducted by a number of Bank Examiners 
who are appointed by and are under the supervision of the 
Secretary of State while the Supervisor of Building and 
Loan Associations, appointed by the G-ovem'Or, looks after 
the latte'r. 

Boards of Health and Examination: — A State Board of 
Health has general supervision over the pubHc health of 
the State. Local boards of health exist in counties and 
cities. The laws of the State provide tflaat persons who 
wish to practice certjain professions or occupations miust 
pass an examination, to show that they have the necessary 
qualifiications, before they can receave a liceoise! to practice 
in Missouri. The State Board of Health conducts exam- 
isations and issues licenses to physicians. The State 
Board of Law Examiners does the same for lawyers. Oth- 
er boards of examination are the Board of Osteopathic 
Registration and Examination, Board of Dental Examina- 
tion, Board of Pharmacy, Veterinary Examining Board, 



60 STATE GOVERNMENT 

Board of Embalming, Board of Examiners for Barbers. Per- 
sons are licensed to teach in the public schools upon certifi- 
cates from the Teachers College of the University of Missouri, 
or from any of the State Normal Schools, or after passing an 
examination given by the State Superintendent of Public 
Schools, the County Board of Education or the County Super- 
intendent of Schools. 

Miscellaneons : — Inspectors of Petroleum are appoint- 
ed in all of the large cities and most of the counties of the 
State for the purpose of preventing the sale of petroleum 
which is unsafe for use. A Be^r Ins^pector is appointed 
to examine all beer sold in the state. A fee, which is charg- 
ed for such inspection, produces a large revenue for the 
state. The state printing is let out by. contract by the 
Commis^oners of Public Printing who exercise a supervis- 
ion over the work. The Board of Permanent Seat of Gov- 
ernment has gener/al supervision and charge of tht pub- 
He property of the State at the Capital. 



CHAPTER IX. 

TAXATION AlfB EEVEHTJE. 

Meaning of Taxation: — -Every government must have 
Seme means to pay the expenses which it must incur. This 
is tirue of the family and school as well as of the State. 
In tli-e family each member gives his labor or the money 
which he^ earns. In a base-ball club each member contrib- 
utes a part of the things needed or his share of the money 
rec^uired to purchase them. The government of the State 
has many expenses. It must pay salaries to its officials, 
construct buildings, purchase supplies and provide the 
things needed to carry on its various activities. Individ- 
uaJs miay give the things needed as where a man takes an 
office without salary or works upon the county roads, but 
most of the things needed can be had only for money. 
Hotnce people in the State must give the money needed. 
As this is needed for the support of the government which 
protects the individual and does other things for his ben- 
efit, everyone should be willing to give his shar© of the 
aiiiount required. In a base-ball club if a boy does not 
contribute his share he can be put out of the club. So if 
one does not wish to help pay the expenses of the State 
he can leave it and take his property with him. But if he 
continues to live in the* state or has property in it he will 
be compelled to pay the necessary amount. This payment 
is called a tax which may be defined as that which the 
government compels people to pay for its support. The 
public revenue includes all that is received from taxes, 



S2 STATE GOVERNMENT 

from money borrowed and from other payments made to 
the government. 

How Taxes are Distributed:— It is the duty of every 
one to pay taxes but the question arises how much should 
each one pay? In school societies each one pays an equal 
amount but this plan cannot be used in the State to any 
great extent as it would be unjust. Some men are much 
bvittel* able to pay taxes than others and hence the state 
coiiipels them to pay according to the amount they '~*wn. 
This is called the general property tax. While other 
kr-nids of taxes exist, this is the most important in the state 
governments and in Missouri twice as much revenue comes 
from this tax as from all other kinds ol taxes. 

Assessment: — As the amount of taxes which a man 
must pay depends upon the value of his property it is 
necessary to assess this property, that is, to fix its value. 
For this purpose an Assessor is elected in each county^ 
whose duty it is to fix the value of property in his, county. 
The Assessor may make mistakes and if a man thinks hfe 
property has been assessed too high he can aj^peal to the 
County Board of Equalization, consisting' of the. county 
judges, surveyor and assessor, which can change the as- 
sessment. This board can also increase assessments if they 
think they are too low. As the assessments in one county 
may be too high or too low. as compared with other coun- 
ties, a State Board of Equalization, consisting of the gov- 
ernor, secretary of state, attorney general, auditor and 
state treasurer, has the power to change such assessments 
of counties. It also assesses the value of raih-oad, tele- 
graph and similar property which cannot be assessed by 
the local assessors. 

lln counties having township organization, township assessors 
are elected instead of a county assessor. In St Louis, there is 
a board of assessors. 



TAXATION AND REVENUE 5B 

Eate of Taxation: — The next step in taxation is to 
fix its amount. This is done by taking the amount of money 
needed and calculating the per centage of each doUar of 
the total value of property which is necessary to raise this 
amount. This per centage is called the rate of tax- 
ation. It is generally expressed in terms of one hundred 
dollars. Thus the rate for state purposes is usually sev- 
enteen cents for each one hundred dollars or seventeen 
one-hundredtbs of a cent for each one dollar of assessed 
valuation. The rate is fixed or leaded by the legislature 
for state purposes, by the county court for county purposes, 
by the school board for public education, and by the city 
council for city purposes. In some cases the consent of the 
people, is necessary and the rate cannot exceed cepi;ain 
amounts fixe.i by the constitution of the state. 

Collection: — Taxes are levied for state, county, school, 
roa i, city and in some cases township purposes. It would 
greatly increase the cost of collection if a separate collect- 
or existed for each of these taxes. City taxes are collected 
by a City Collector, but all other taxes are collected by the 
County Collector who turns over the proper amount to the 
state, county and school district treasurer .^ If the taxes 
are not paid by a certain date they are said to be delin- 
quent and a high rate of interest will be charged on thd 
same. A man's property is liable for the tax and if it can- 
not be collected in any other way the property can be 
sold for the taxes. 

Dramshop and Beer Taxes :— License taxes are levied 
on dramshops or saloons by the state, counties and cities. 
In some counties and cities these taxes are very high and are 
intended to reduce the number of saloons while in other 

I In counties having township organization there is no county col- 
lector- County taxes are collected by the county treasurer, while Other 
taxes are collected by the township collector. 



54 STATfe GOVERNMENT 

coTinties and cities, under what is known as "Local Op- 
tion", saloons and th-e sale of liqnor have been prohibited. 
The slate also levies an inspection fee on beer which pro- 
duces a large amount of revenue. 

Other Taxes:— The state levies a collateral inheritance 
tax to produce revenue to support the state university. 
The tax is levied upon property which persons, who are 
nut near relatives, receive from one who has died. Taxes 
arc also levied upon companies when they are incorporated 
and upon insurance premiums collected by certain com- 
panies. „ 

Public Debts:— At times the amount of money need- 
ed is too large to be raised by taxes in a single ysar. It 
may be necessary to build a court house, school buildings, 
etc., and under these conditions the state, county, school 
district, city etc., can borrow the money and issue bonds 
which are promises to pay the amount within a certain per- 
iod with interest until paid. An election must generally 
be held before such loan is made and the bonds cannot be 
issned unless two-thirds of the voters^ consent to the same. 

State and Local Treasurers: — ^There is a State Treasur- 
er and County, City and School District Treasurers. It is 
their duty to receive the money from the collector and oth- 
er sources, and to pay it out upon proper orders or warrants 
as they are called. The treasurer is required to give a 
bond as security for the public money in his possession. 

Expenditures:— The money collected is appropriated, 
that is, set aside by the general assembly, county court, 
city council, etc., for the payment of salaries and other 
purposes of the state and local government. No money 
can be paid out of the treasury unless it has been appro- 
priated by the proper authority. 



TAXATION AND REVENUE 5E 

Tables of State Revenue and Expenditure:— The fol- 
lowing tables show the revenue received and the expen- 
ditures made by the state during the two years ending 
December 31, 1904: 

REVENUE. 

General Property Tax $5,413,983 68 

License Taxes on Dramshops 820,680 23 

Beer Inspection 785,241 92 

Collateral Inheritance Tax . 264,594 23 

Incorporation Tax 314,980 00 

Tax on Foreign Insurance Companies 392,240 89 

Earnings of State Penitentiary 502,542 96 

Income of Eleemosynary Institutions 1,092,543 18 

Fees of State Officers ,.... 181,340 10 

Excise Commissioner's Fees 55,391 60 

Interest on Deposits 102,962 58 

Miscellaneous . 225,318 70 

Total $10,151,820 07 



EXPENDITURES. 

Bonded Debt, Principal $ 487,000 00 

Bonded Debt, Interest 2,840 83 

Legislative Department 195, 130 49 

Judicial Department 406,368 49 

General Administrative Departments 382,489 28 

Assessing and Collecting Revenue 385,068 97 

Militia 44,040 14 

Printing and Publishing 153,455 09 

Criminal Costs 504,460 31 

Penitentiary 594,012 13 

Eleemosynary Institutions 2, 125,354 18 

Public Schools 2,518,128 21 

State University 714,204 30 

State Normal Schools .. 370,796 53 

Agriculture, Commerce and Industry 291,679 70 

Louisiana Purchase Exposition 785,909 17 

Miscellaneous 152,804 69 

Total $10,113,742 51 



66 STATE GOVERNMENT 

Stf^te Auditor, Etc: — In order to keep a check upon col- 
lectors and treasurers, book-keeping and other methods 
are necessary. The state auditor keeps such records for 
the state treasurer and the collectors of the state revenue. 
The county and city clerks keep these records for the lo- 
cal collectors and treasurers. The state auditor also issues 
warrants for the payment of money out of the state treas:- 
ury in accordance with appropriations by the legislature, 
and similar warrants are issued by local clerks upon the 
or^er of the county court, city council and other local 
bodiea In addition, the state auditor prepares an esti- 
mate of the appropriations necessary to be made by each 
general assembly and has other important duties in con- 
nection with the revenue and expenditures of the State. 



CHAPTER X. 
PUBLIC EDUCATION. 

The State's Interest -in Education:— Education pre- 
pares a person for his work in life. The intelligent laborer, 
farmer, mechanic, merchant, lawyek* or physician has an 
advantage over his ignorant brother. He is a stronger 
man and can make better use of his strength. The wel- 
fare and prosperity of a state will be promoted by the 
spread of education among its citizens. Hence the state 
has a deep interest in the education of its people. Private 
schools can furnish an excellent education. But if there 
were no public free schools a large part of the people 
would not get an education as they could not afford to pay 
what it would cost. The state has another interest) in 
education. The voters determine the kind of government 
which shall exist in a state. If the vote4*s are ignorant 
and immoral the government will be weak and corrupt. 
If only the rich had the right to vote, private schools! could 
furnish the necessary eiducation. But we have s^en that 
all men who have reached the age of 21 years can take 
part in elections. Hence the state must furnish schools 
in which it can prepare the future voters and train them 
in the duties of citizenship. While women do not gener- 
ally have the right to vote they are entering more and 
more into business life and, on account of the influence 
they have in every field of activity, the state is interested 
in their education no less than in that of men. The free 
public school is not a pauper school. The state expects 
and has a right to claim a return for what it gives the in- 



58 state: government 

'dividual. This return is given in the form of honesli and 
intelligent voting and public service and in the exercise 
of influences for the improvement of social conditions in 
the state. 

Public Education in Missouri:— At an early per;iod 
Missouri adopted the plan of public education and the 
present constitution requires the legislature to make pro- 
vision for the* ^ame. There are* four branches of public 
education in Missouri; the commion or elementary schools, 
the high schools, the state normal schools and the Univer- 
sity of Llissouri. The government of elementary and 
high schools is in the hands of local bo'dies which exist in 
the school districts into which the state is, divided. These 
districts are of two kindsi— common school districts and 
city, town or village districts. 

Common School Districts: — The common school dis- 
tricts exist in the rural parts of the state. They are usually 
small and may contain as few as twenty children of school 
age. It is an advantage that none of the children live 
at a very great distance from the school. But on the oth- 
er hand in such small districts the revenue for school pur- 
poses is generally not enough to support a good school. 
In some states it has been found better to have the township 
as the school district. A better school is maintained and, 
if necessary, the children are brought to the school in 
Ci)nveyances furnished by the school authorities. In Mis- 
souri, the law permits three or more districts to join to- 
gether into a consolidated district for the purpose of main- 
taining primary schools and a high school. Only ten con- 
solidated districts had been established by 1905 but a large 
ii^ crease in the number may be expected. 

City, Town or Village Districts:— Thes« exist in incor- 



PUBLIC EDUCATION 59 

porated cities, towns or villages. The population is much 
larger and the area generally smaller than in common 
school districts. A better school can be maintained and in 
the lar,ge cities one or more schools are provided in each of 
the city wards. 

Annnal Meeting or Election:— In common school dis- 
tricts an annnal meeting of the qualified voters is held lat 
the school-house on the first Tuesday in April to choose a 
member of the school board, decide upon the length of the 
school terms and the rate of tax to be levied for school pur- 
poses, and attend to a, number of other matters arising in 
the school district. In city districts there is no meeting, 
but instead an annual election is held on the same day 
for tho purpose of choos^ing members of the school board 
and for voting on any increase in the sfchool tax rate. 
Special provisions exist for school government in St. Louis, 
Kansas City and St. Joseph. 

Board of School Directors :— The govermnent of the 
school dii&trict is in chaxge of a board of directors who are 
elected for terms of three years. In common school dis- 
tricts the board consists of three members, one being chosen 
ea/ch year. In city districts) there; are six directors two- 
being chosen at each annual election.^ The boards select 
teachers, build school houses, and have general charge of 
all business matters affecting the school district. The city 
school board has greatetr powers than are possess^ by the 
boards in common school districts. 

School Term and Attendance: — A school is held for at 
least six months of the year in each school district. In 
many districts the term is longer, in some casesi amounting 

lln St. Louis the Board consists of twelve members, four being 
chosen every two years, 



60 STATE GOVEONMENT 

to ten montlis. Every person of school age, that is, between 
the ages of six and twenty years, residing in a school dis- 
trict, is entitled to attend the public school free of ail 
charges. All children between the ages of eight and four- 
teen years are required to attend somei school, public or 
private, unlesis excused for sjpecial reiasonsi This compul- 
sory education law was not enacted until 1906 and it is 
not well enforced, as yet, outside of the large cities. 

Teachers: — In order to have good schools there must 
be good teachers. The state does not permit anyone to teach 
in a puiblic school who does not possesS( a license or 
teacher's certificate. This certificate is issued after exami- 
nations held by the state superintendent of public scho-ols, 
the county superintendent of schools or t^he county board 
of education^ The Teachers College of the University of 
Missouri and the state normal schools may also issue such 
certificates to their students. , , . i ; 

Principals ajad Superintendents: — In most of the com- 
mon school districts one teacher attends to all of the work 
of instruction. In city districts a school has several teachers 
and a principal is aippointed whose duty is to direct and 
supervise their work, and look after the general interests 
of the school. In larger cities where there are a number 
of schools a superintendent is appointed who has general 
supervision over all the schools and teachers and assists 
the school board in attending to the affairs of the school 
district. ' 

Connty Supervision:— In order to enable the common 
school districts to have thej benefit of school supervision 
the law provides that the voters of the county may estab- 

lln St. Louis, Kansas City and St. Joseph the examination is\ 
conducted by the city superintendent, 



PUBLIC EDUCATION 61 

lish county supervision.. Under this plan a county super- 
intendent of schools is elected who has general supervision 
over all schools in the county, except in cities which have 
more than 1000 children of school age. He also examines 
teachers and issues certificates to teach. County supervis- 
ion has been adopted in nineteen counties. 

County Oommissioner and County Board of Education: 

— In the counties which have not adopted county super- 
vision, a county school commissioner is elected who, with 
one person appointed by the county court and another ap- 
pointed by the state board of education, constitute a county 
board of education which has charge of the examination 
of teachers, grants certificates to teach in the county, adopts 
courses of study and makes rules for the grading of schools. 
The county commissioner may revoke county certificates 
if good reason exists for such laction. 

State Superintendent of Public Schools:— The State 
Superintendent of Public Schools, elected by the voters of 
the state has important duties in connection with the educa- 
tional interests of the state. He prepares the questions 
which are used in all examinations for teachers certificates ; 
conducts some of these examinations and issues certificates 
and may revoke the same ; distributes the state school mon- 
ey among the counties; visits schools in all parts of the 
state and gives advice and opinions to local school author- 
ities; collects and publishes information ajbout education 
in the state ; is a member of a number of boards which at- 
tend to educational matters; and, in genera;l, is expected to 
promote educatioai in the state. 

Eevenues for School Purposes: — ^The revenue necessary 
to support the public schools comjcs from a number of 
sources which may be grouped under three classes ; Income 



62 STATE GOVERNMENT 

from permanent school funds; appropriations made by the 
General Assembly ; local taxation. , i . 

School Fmids: — The permanent school fnndsi are the en- 
dowment of the public schools. The capital is invested and 
only the income can be used. There are three classes of 
school funds; First, the Stat^ Public School Fund which 
amounts to about $3,160,000; Second, the County School 
Fund which exists in each county of the state and amounts to 
a total for all counties of about $4,805,000; Third, the 
Township School Fund is due to the generous policy of the 
National Government which provided that the sixteenth 
section of land in every concessional township s&ould be 
j?ranted to the state for the use of public schools in such 
township. The proceeds from the sale of this land make 
up the township school funds in the several icounties of the 
state and amount to a total of about $4,000,000. , 

State Appropriations: — The Constitution provides that 
one-foTirth of all the ordinary revenue raised for state pur- 
poses shall be appropriated by the General Assembly for the 
support of public schools, but, as a matter of fact, the 
amount appropria.ted in each year amounts to one^third of 
such revenua This amount together with income of the 
state public school fund is divided among the counties and 
feehool districts in proportion to the number of pupils of 
school age in the county and school districts.^ 

Local Taxation:— While the total amount of money 
coming from the school funds and state appropriations is 
very large, the amounts received by the different districts 
are not sufficient to support the public schools hence the 

lln the division or apportionment made in July 1005, the total 
amount divided was $i,339-930- As the total number of children of 
school age was 998,727. each district received $1-34 for each child of 
school age. 



PUBLIC EDUCATION 63 

districts raise tie ,l)alance needed by taxes on property, but 
the rates must not exceed the limits fixed by law. When 
necessary for the construction of school buildings the dis- 
trict may borrow money and levy taxes to raise money to 
repay the loan within a certain number of years. 

High School:— Public high schools are established in 
many districts for the education of those who have finish- 
ed the course of study of the elementary, common or 
graded schools. They are also known as secondary schools 
because they represent the second stage of education. 
Those high schools which prepare their graduates for en- 
trance to the State University axe known as Accredited 
Schools. 

Normal Befools: — Good teachers must be trained and 
the state provides schools to give such training. The Mis- 
souri Teachers College, a department of the- State Uni- 
versity, gives such instruction. In addition, the counties 
of the state are divided into five districts and a State Nor- 
mal School is established in each dictrict. They are located 
at Kirksville, Warrensburg, Cape Girardeau, Springfield and 
Maryville. Lincoln Institute, located at Jefferson City, is 
the state normal school for the training of colored teachers. 
It also gives industrial and collegiate training. Each of these 
normal schools is under the control of a board of six re- 
gents appointed by the Governor for terms of six years. 
The state superintendent of schools is also a member of 
each of these boards. These state normal schools are 
supported by appropriations made by the General 
Assembly. 

University of Missouri:— The University of Missouri 
is the state institution of higher education. It is under 
the control of a board of nine curators appointed by the 



64 STATE GOVERNMENT 

Governor for terms of six years. It includes the follow- 
ing departments : Graduate, Academic, Teachers Col- 
lege, Law, Medical, Military, Agricultural, Engineering and 
Expei»iment Station— all located at Columbia, and the 
School of Mines, located at Rolla. Thie University hap^ 
an endowment of about $1,250,000 chiefly derived from 
the sale of lands and other funds granted by the National 
Government. In addition to the income from this endow- 
ment, the University receives regular grants of money 
from the National Government and appropriations made by 
the General Assembly of the State. 



CHAPTER XI. 

CHARITISS AKD COREEOTIONS 

Import^.nce of the Subject:— Public charity is an im- 
portant activity of the state. It includes giving relief to 
the poor who are unable to care for themselves, provid- 
ing means of educating the deaf and blind, and for the 
proper treatment of the insane, feeble minded and other 
dependent or defective classes. The organizations which 
furnish such provisions are called eleemosynary institu- 
tions. The state in dealing with criminals should aim to 
reform rather than punish individuals. This is especially 
true in the case of youthful criminals and the state insti- 
stitutions for the correction of boys and girls are known 
as eleemosynary institutions. The poor and defective 
classes are more or less helpless and, in order to protetit 
them from ill-treatment in public institutions, there ex- 
ists a State Board of Charities and Corrections, consisting 
of the governor and six other members appointed by bim, 
whose duty it is to investigate the whole system of public 
charities and corrections and to publish information relating 
to the same. 

Local Poor Relief :— The state delegates to the counties 
the duty of giving relief to the needy poor. The county 
court has charge of this matter. In some cases supplies 
are furnished to persons in their hiomes, but whetn a person 
becomes permanently unable to provide for himself he is 
sent to the county infimary or house for the poor which 
is maintained in most counties. In some counties these 
institutions are well managed and the inmates are well 



66 STATE GOVERNMENT 

cared for, but much improvement in this respect is needed 
ia many counties. Cities also grrant poor relief,. 

State Cbaritabl© Institutions:— The state itself makes 
provision for the care of the insane, blind, deaf and other 
a^icted persons as they require the atteintion of physicians 
and teachers who could not be furnished by the counties.^ 
There are four State Hospitals or Asylums for Insane Per- 
sons located at Fulton, St. Joseph, Nevada and Farmington, 
respectively; a State institution for the Feeble Minded a!nd 
Epileptic at Miarshall; a School for the Deaf at Fulton; a 
School for the Blind at St. Louis, a Confederate Soldier's 
Home at Higginsville and a Federal Soldier's Home at St. 
James. A Missouri State Sanitarium has recently been es- 
tablished at Mlount Vernon for the treatment of consumption 
in its early stages. Each of these institutions is under the 
control of a board of managers consisting of five members ap- 
pointed by the Governor for terms of five years. They are 
supported by appropriations made by the General Assembly, 
and, in the case of most of them, by fees paid by the rela- 
tions or friends .of the inmates, or, in the case of poor per- 
sons, by the counties of which they are or have been resi- 
dents. 

Institutions for Correction:— Where boys or girls are 
vicious or commit crimes it is largely the result of evil 
company or bad training. If they are sent to jail or to the 
penitentiary, where they will be in the company of harden- 
ed criminals, they will become criminals. But if they are 
taken away from evil influences and given good training 
they may be reformed and become good citizens. Hence 
the State has established the Missouri Training School for 

ISome counties keep insane persons at the county infirmary as the 
cost is less than at the state hospitals for the insane. This is very un- 
fortunate as the afflicted person cannot receive proper treatment. 
St. Louis maintains its own insane Asylum. 



CHARITIES AND CORRECTIONS 67 

Boys at Boonville, and the Industrial Home for Girls at 
Chillieothe, for the purpose of receiving youthful criminals, 
teaching them useful occupations, and training them in 
right living. Each of these institutions is managed and sup 
ported in the same manner as are the state charitable insti- 
tutions. 

Penal Institutions: — A county maintains a jail and a 
city a calaboose or city prison where persons are kept who 
are awaiting trial or have been sentenced for short terms 
an individual is sentenced is longer than a year he is sent 
to the peniteintiary or State Prison which is located at 
Jefferson City. This institution is under the control of 
a Warden appointed by the Governor. A Board of Pris- 
on Insipectoirs, consisting of the State Treasurer, State Au- 
ditor and Attorney General, is required to visit and ex- 
amine the penitentiary and make rules for its management. 
The prisoners are required to work and thus many of them 
learn useful trades. Most of them work under the contract 
system, their services being contracted by the State to 
manufacturers of shoes and otJier articles. The money 
received from the labor of the prisoners' is taken |3y the 
'State for its own use and is generally sufficient to pay the 
expenses of the penitentiary. 



CHAPTER XII. 

JUDICIAL DEPAETMllNT. 

Courts and Their Activities: — Courts exist for the pur- 
poses of settling disputes. These disputes are called suits 
or cases and are of two kinds, civil and criminal. A civil 
suit is a proceeding in a court to settle a difference between 
persons with regard to contracts or rights in property, 
such as the question of which of two persons is the righthful 
owner of a certain farm or how much money is due on a 
certain contract? A criminal case is a judicial proceeding 
to deitermine the guilt or innocence .of an individual who is 
charged with the commission of a crime, that is, of some 
act forbidden by the law under penalty. The person who 
brings the suit is called the plaintiff while the one who is 
'^.harged with a crime )or against whom a civil suit is brought 
is called the defendant. For the purpose of deciding 
these suits and cases, courts and their officials are required. 
These courts are of various grades and appeals may usually 
be taken to a higher court from the decision of a lower 
c.<Qrt. The grades of courts in Missouri are as follows: 
Justice of the Peace, Circuit Court, Court of Appeals, Su- 
preme Court. In addition, there are courts for special pur- 
poses, as Probate Courts,^ Criminal Courts, Courts of Com- 
mon Pleas and City Police Courts.^ Each of these courts 
has one or more judges or justices and most of them have cer- 
tain administrative officers to attend to various matters, 
such as keeping the records, taking notices to jurors, witnes- 
ses and other persons and bringing prisoners into the court. 

ISee page 23 
2See page 30 



JUDICIAL DEPARrMENT 69 

Justices of the Peace: — It would be a great expense 
of time and money if people were obliged to go to the county 
seat whenever they were in a lawsuit. Where only a 
small amount is in dispute it should be possible to settle 
the same with the least amount of delay and cost. Hence 
provision is made fo-r the election of at least two justices 
of the peace in each township and, in larger townsihips, 
the number can be increased so that nO' one need live more 
th«n a few miles from such an official. The justice of the 
peace, sometimes with the aid of a jury of six men, de- 
cides civil cases in which the value of the thing in dispute 
id small, and criminal cases, the punishment for which is a 
small fine or a short term of imprisonment in the county or 
city jail. If the parties are not satisfied with the decision 
they can take the case to the circuit court where a new trial 
will be given. But tho majority of small cases are settled 
finally in the justice of the peace courts. A constable, 
elected in each township, executes the orders and decis- 
ions of the justice of the peace. In large cities there are 
as many constables as there are justices of the peace. 

Circuit Court: — All important cases are tried in the 
Circuit Court. The state is divided into thirty-three cir- 
cuits or districts, each of which includes one or more coun- 
ties. Each circuit elects a Circuit Judge for a term of 
six years. In circuits containing large cities the cases are 
so numerous that more than one judge is necesasry. Thus 
Buchanan and Jasper counties have each two judges; Jack- 
son County six, and the City of St. Louis twelve. The ma- 
jority (of circuits consist of two or more counties and the 
circuit judge goes from one to another to hold sessions of 
the circuit court. Two or more sessions are held in each 
county in each year. The circuit court decides civil and 
criminal cases, but in a few of the circuits with a large 



70 StATE GOVERNMENt 

population a separate Criminal Court is provided for tlie 
trial of criminal cases.^ 

The Administrative Officials of the Circuit Court:: — are 

the Sheriff, Clerk of the Circuit Court and Prosecuting: 
Attorney who are elected in each county of the state. \{q 
have already discussed the duties of the sheriff and circuit 
clerk.2 The prosecuting attorney looks after all civil suits 
in which the state or local governments are interested, ex- 
amines cases in which a person is suspected or accused of 
a crime and, if he believes the charges are true, he prose- 
cutes, that is, ttiies to prove that tihe accused person is 
guilty. 

Arrest, Preliminary Trial, Etc: —A person charged 
with a crime is arrested by a policeman, constable or sher- 
iff. If the matter is not a serious one the case can be de- 
cided without delay by the justice of the peace court. But^ 
when it must come before a circuit or criminal court there 
will usually be some delay as the court may not be in ses- 
sion at that time. Hence, a preliminary trial or examina- 
tion is held before a justice of the peiace to decide if the 
facts justify holding the prisoner until the circuit court 
meets. If it is decided that the prisoner shall be held, 
he can, in most cases, be set free, if he can give bail, that 
is, security that he will appear when the court is in session. 
It was formerly the rule that no one could be held for trial 
for a very serious crime unless on an indictment, that is, a 
formal charge made by a Grand Jury, consisting of twelve 
citizens. This rule has been changed and a person can 

lln a few counties in which there are cities at some distance from 
the county seat a special Court of Common Pleas is established for the 
trial of certain cases which would otherwise be brought before the cir- 
cuit court 

2See pages 21, 22 



JUDICIAL DEPARTMENT 71 

now be held on indictment or on information, that is, a for- 
mal charge made by the prosecuting atltoirney. 

Criminal Trial:— A person accused of a crime has a 
right to a speedy trial. This takes place usually at the 
first session of the circuit court held after the crime has 
been committed but the trial may be positponed for good 
reasons. The state is the plaintiff and the prisoner is the 
defendant. A petit jury, consisting of a number of per- 
sons, not exceeding forty, must be present during the ses- 
sion of the court. From thus number twelve men are chos- 
en to try the case, each side being permitted to object to 
a certain number of jurors. After the jury is selected, 
the evidence, that is the facts which affect the guilt or in- 
nocence of 'the prisoner, is given by persons who are cal- 
led witnesses, or by means of written papers, etc. After all 
of the evidence has been given the judge gives instruc- 
tions to the jury regarding the rules of law applying to 
the case and the attorneys present their arguments. The 
jury then consult together privately and, if all agree, they 
irive their verdict. If they find the defendant innocent, 
he is discharged, if guilty, they fix the degree of guilt and 
the judge sentences the prisoner. The sheriff sees that the 
sentence is carried into execution. If the jury cannot agree, 
ftihey are discharged and a new trial will be held. 

Civil Trial: — A civil trial resembles a criminal trial 
but there are important points of difference. The state is 
not usually the plaintiff^. There is no grand jury nor any 
of the other preliminaries to a criminal trial. The plain- 
iff 's petition, a document stating the claim against the other 
party is filed with the circuit clerk who notifies the defendant 
to appear in court for the trial of the case. In most civil 

iThe State may bring a civil suit if its property or contracts are 
involved. 



72 STATE GOVEENMENT 

cases either party may demard a jury" for the trial of the 
ease, but if both parties are willirig the decision may h^ 
left to the judge. The evidence is submitted, instructions 
c-iven by the judge and lawyers arguments heard in much 
the same v»?ay as in a criminal trial. In a civil trial it is not 
necessary that all the jury shall agree as three fourths of 
the members may render a verdict.^ The judgment is 
executed by the sheriff. 

Appeals from Circuit Court:— The judgments ^iven in 
the circuit court need not be final. The defendant in a 
criminal case and either party in a civil suit may appeal 
the case to one of the higher courts on the ground that 
error has been committed in same of the proceedings in 
the circuit court. The higher court does not give a trial, 
but hears argumeiDts on the question of error and if it finds 
that mistakes 'have been made it may grant a new trial or 
may discharge Itlie prisoner or change the judgment in a 
civil case. If no error has been committed the judgment 
of the lower oourt is affirmed. In Missouri, the less im- 
portant eases go on appeal to the Courts of Appeals while 
the more important cases go to the Supreme Court. There 
are two couHs of appeals. 

Courts of Appeals:— All the counties of the state are 
divided into two districts. The St. Louis Court of Appeals 
determines all appeals coming from the circuit courts 
of one district, while those coming from the other district 
are decided by the Kansas City Court of Appeals. Each 
court consists of three judges elected by the voters of the 
respective districts for twelve years each. 

The Supreme Court:— The Supreme Court consists of 
seven judges elected for ^erms of ten years each. The mem- 

2in a justice of the peace court two-thirds of a jury may render a 
yerdict in civil cases. 



JUDICIAL DEPARTMENT 73 

bers choose one of their number, usually the one longest in 
service, to be Chief Justice. The court is divided into two 
divisions. Four judges are assigned to Division Number 
One which considers only civil cases. The other judges 
constitute Division Number Two which considers all crim- 
inal cases and such civil cases as may be assigned to it. 
Each division can render final judgments, but, under cer- 
tain conditions, cases must be referred to the entire court 
for its decision. The oourit as a whole or when meeting in 
divisions holds its sessions at the State Capital. The 
supreme court and the courts of appeals each appoint a 
clerk, marshal and other necessary administrative officials. 

Impeachments: — If one of the chief executive or ju- 
dicial officers commits a criminal act it may be a difficult 
matter to bring him to trial while he holds his offiice. A 
special process called impeachment is provided for this 
purpose. The house of representatives may impeach, that 
is, bring charges against any of such officials for high crimes 
or misdemeanors or for misconduct in office. A trial is 
then held before the senafte. Two-thirds of the senators 
must agree before an official can be found guilty. The 
sentence in such cases cannot be more than removal from 
office and disqualification to hold any other office. 



PART IV 
NATIONAL GOVERNMENT 



CHAPTER XIII. 

THE NATIONAL CONETTTUTION. 

The Beginniiigs of the Union:— We have seen how at 
the beginning of the American Revolution the thirteen 
British colonies were changed into independent states, each 
with its own constitution and government.^ Before this had 
been done, however, these colonies had united with one 
another to oppose the acts of the British government. As 
early as 1765, nine of the colonies had sent delegates to the 
Stamp Act Congress which was held to protest against an 
attempt to tax them without their consent. Later, in 1774, 
the First Continental Congress, with representatives from 
all but one of the colonies, met for the purpose of taking 
joint action against other objectionable measures of Great 
Britain. Finally, in the Second Continental Congress, which 
met in 1775, all of the colonies were represented. Great 
Britain had commenced to use force against the colonies 
and this congress was ciompelled to organize for common 
defense. "War soon followed and the congress adopted the 
Declaration of Independence asserting that the colonies 
were ''free and independent states." 

Articles of Confederation :— The state governments, how- 
ever, could not attend to everything. There were certain 
matters that required joint action, that did not pertain to a 

ISee page 33 



NATIONAL CONSTITUTION 75 

single state, but to all of the statesf— to tlie nation, Henc^ 
a common or national government was necessary. At first 
this was provided by the continental congress which made 
provisions for the army and navy and for revenue to cary 
on the war. It was felt, however, that the organization 
and power of the national government should be provided 
in a written constitution, and the congress, after long dis- 
cussion, adopted the Articles of Confederation. Before 
this constitution could go into effect it needed the ratifica- 
tion of all of the states. Owing to the opposition of one 
state this was not secured until 1781. Even before its final 
ratification it was felt by many statesmen that this constitu- 
tion did not meet the needs of the people. It did not give the 
National government enough power. The latter had no 
taxing power and could not raise revenue nor pay its debts. 
Its executive was not separate from congress and there was 
no general national judiciary. The states were jealous ol 
each other and would not act together for the common in- 
terest and welfare. 

The Constitutional Convention:— Attempts were made 
to amend the Articles of Confederation but all failed as 
the necessary unanimous vote of all the states could not be 
secured. Washington and the statesmen who felt the dan- 
ger of the situation, finally succeeded in having the states 
send delegates to a Constitutional Convention which met 
in Philadelphia in 1787. All of the states except Ehode Is- 
land were represented. The members included the majority 
of the ablest statesmen of America. While there were great 
differences of opinion it was felt by most of the members that 
a radical change from the Articles of Confederation was 
necessary. Compromises were made and the Constitution 
was finally agreed upon. 

Ratification of tli© Constitution:— The greatest difScul- 



76 NATIONAL GOVERNMENT 

ty remained. Tte Constitutional Convention provided thai 
the new constitution should not go into effect until ratified 
by nine states. While some of the states readily gave their 
approval great opposition appeared in others and it was not 
until June, 1788, that the consent of the necessary number of 
states was secured. Two of ithe states, North Carolina and 
Rhode Island did not ratify until after the government 
had been put into operation under the new Constitution. 

Analysis of the Constitution:— The members of the Con- 
stitutional Convention were practical men. They did not 
wish to try experiments in government. On the contrary, 
they jvj opted plans and forms of government which had 
bec^i in successful operation in the colonies and states. 
The Constitution recognizes the division of the departments 
of governmentt into the legislative, executive and judicial 
branches, and, in organizing these, it followed the models 
contained in the state constitutions of that time. When 
the Constitution was adopted it did not contain a Bill of 
Kights and this was one of the chief grounds of opposition 
to ratification in a number of the states which demanded 
tfhe amendment of the Constitution in this respect. As a 
result, the first ten amendments to the Constitution were 
adopted soon after the beginning of the new government, 
and these with the thirteenth, fourteenth and fifteenth 
amendments and certain other provisions constitute the Bill 
of Rights of the national Constitution. The Constitution de- 
fines the relations of the states to the National Government 
and contains clauses providing a method of amending the 
Constitution. 

Tile States and tho H"ational Government:— We have 

considered the divisions of the powers of govemment be- 
tween the national government and the states md hav^ 



National constitution ii 

discussed the powers possessed by each.^ This division 
of powers is made by the national Constitution which is 
the supreme law of the United States. This Constitution 
grants certain powers to the national government. All oth- 
er powers of government are left to the states except 
certain things which the Constitution forbids them to do.^ 
Hence each government has its own field of activity in 
which the other cannot interfere. If it does, its act will 
bft declared unconstitutional and invalid by the Supreme 
Court of the United States.^ 

Methods of Amendment:— The constitution provides 
& number of different methods for its amendment/ but the 
only one which has been used is the proposal of the amend- 
ment by a two-thirds vote in each house of Congress and 
its ratification by the legislatures in three-fourths of all 
lof the states. The large vote required makes it very difficult 
to amend the Constitution. If we omit the first ten amend- 
ments, which were adopte/d soon after the Constitution 
went into effect, only five amendments have been adopted 
and of these, three have to do with slavery and were adopt- 
ed after the civil war. Numerous other amendments have 
been proposed, but. while some have received the support 
of congress, none have had the votes of a sufficient number 
of states. 

ISee page 112 

2See Constitution. Amendments, Art. X. 

3See pages 11-13 

<See Article V. ... 



CHIAPTEII XVI. 



The Two Houses: — The legislative department of the 
national government is called the Congress, and, as is true 
of all the states, consists of two houses. In the Constitutional 
Convention it was the intention to have only one house but 
the members could not agree on the question of its composi- 
tion. The small states wished to have each state equally 
represented, as in the Congress under the Articles of Con- 
federation, while the large states desired that the number of 
representatives from each state should be in proportion to its 
population. The contest became so bitter that a comprom- 
ise was made by which the Congress was to consist of two 
houses, a House of Representatives, with representation ac- 
cording to population and a Senate! with equal representa- 
tion for the states. , \^ 

Compoisitioii of tfca Hjouse of Reptresentative^: — The 

House of Representatives is called the popular branch of 
Congress because it is closer to the people. Its members' 
are elected directly by the same voters who choose tho 
papular branch of the state legislature.^ Their term of 
office is only two years and if they do not carry out the 
wishes of the people they can soon be replaced by other 
men. Finally they are apportioned or distributed among 
the states according to population. Congress fixes the 
ratio, that is, the number of inhabitants for which each state 
shall be given one representative. The total population 
of a state divided hy the ratio will give the total mimbe:^ 
^Constitution, Art. I., Sec. 2, Par i 



ORGANIZATION OF CONGRESS 79 

of representatives to which each state is entitled.^ A state 
gets one representative even if its population is less than 
the ratio. As the population of the states changes from time 
to time the Constitution requires that an enumeration of 
the inhabitants shall be made every ten years and a new 
apportionment is made after such enumeration. Con- 
gress increases the ratio from time to time as otherwise the 
number of members of the House would become too large. 
At; first the ratio was 33,000, but at present it is about 194,- 
000, and the total number of members is 386. The represen- 
tatives are not elected by the voters of the entire state. 

Eepresentative District:— Eaich state is divided by 
its legislature into as many districts as it has representa- 
tives and each district elects one representative. Con- 
gress requires that these districts shall be composed of 
compact and contiguous territory and as nearly as possi- 
ble equal in population, but this rule is frequently violated 
by gerrymandering.^ Each organized territory sends one 
delegate to the House of Representatives but he does not 
have the right to vote. , 

Composition of the Senate:— The Senate is a more 
conservative body than the House as it is not so easily in- 
fluenced by public opinion. It consists of two members 
from each state, chosen by its legislature for a term of six 
years. A state with a smiall population has exactly the same 
number of senators as a large state. This makes it possi- 
ble for the Senate to be opposed to a measure which is de- 
sired by a majority of the people but not by a majority 
of the states. The manner of electing United States Sen- 
ators is called indirect election, that is, the voters elect 

2Thus,^ dividing the population of Missouri, 3,io6'665. by the 
present ratio of 194,000 gives a quotient of 16, the number of Missouri'" 
representatives in Congress- 

ISee page 39 . ^_ „ „ - 4.. i 



sb NATIONAL GOVERNMENT 

the members of the state legislature and these members 
elect the senator. There is a popular demiand for the 
amendment of the Constitution so as to provide for direct 
election of United States Senators, but the Senate is opposed 
tO' this change and will not propose the amendment. The 
practice has arisen for the people to indicate their choice 
for senator at primary elections and this is considered an 
instruction to the member of the legislature as to how he 
shall vote for United 'States Senator. 

Classes of Senators: — In the House of Representatives 
all of the members go out of office together. This is not 
true of the Senate in which the terms of only one-third uf 
the members end at the same time. For this purpose, at the 
first session o(f the Senate the members were divided into 
three equal classes in such a manner that the terms of the 
first class ended in twic years, of the second class in four 
years, and of the third class in six years. As the terms of 
one class ended new members were chosen for the full term 
of six yeiars. Senators from new states are distributed 
among the three classes in the same way. Thus it follows 
that in the Senate, at all times, two-thirds of the members 
have been in office for at least two years. In the House of 
Representatives many members are re-elected, but, as the 
terms of all end at the same time, it may happen that a 
large number are new members with no experience in con- 
gressional matters. 

Vacancies:— If a Representative dies or resigns or a 
vacancy occurs from any other cause the governor of the 
state ord>ers a new election in the district to choose a suc- 
cessor. If the seat of a Senator becomes vacant the state 
legislature elects a successor, but, if the legislature is 
not in session at the time the vacancy occurs, the Governor 



ORGAiSriZATlON OF CONGRESS gi 

can make fa temporary appointment until the legislature 
meets. 



: — A Representative must be at least 
twenty-five years of age, and have- been a citizen of the 
United States for seven years. In the case of Senator the 
requiiteiments are an age of thirty years and nine years cit- 
izenship. In both houses the members must be residents 
of the state from which they are elected and, as a matter 
of fact, though not provided by law, a Representative is 
almost always a resident of his district as well as of his 
state. No person holding an executive or judicial office of 
the United States can be a member of either house so long 
las he remains in such office. 

Privileges and Compensation:— In order that mem- 
bers of Congress shall be free to attend its sessions the Con- 
stitution exempts theim from arrest and judicial procedure 
during the sessions of congress and in going to and return- 
ing from the same, except where they have committed cer- 
tain crimes. They are also free from any legal liability to a 
person for what they may have said in the course of con- 
gressional debate.^ Members of Congress recpive an an- 
zraal salary of $5000. They also receive an allowance for 
traveling expenses and stationery. 

Officers :— .Each House elects its own officers, except 
that the Vice President is by virtue lof his office President of 
the 'Senate. The Senate, however, elects a President pro 
tempore who presides in the absence of the Vice President. 
The presiding officer of the House of Representatives is cal- 
led the Speaker. Some of the other loffiicers in each house 
are the Clerk (in the Senate, Secretary) Sergeant-at-Arms, 

iConst- Art- i. Sec. 6, Par 4. 



82 NATIONAL GOVERNMENT 

Door-keeper, Chaplain, Post-master and Librarian, and eacli 
"house has a large number of clerks, messengers, etc. 

Committees: — Each house has also a large number of 
committees to whom bills are referred and who influence 
legislation in much the same way as committees in the states 
legislature.^ In the House of Kepresentatives, the eommit- 
tees are all appointed by the Speaker who is chosen by and 
represents the majority of the House. He has, by virtue 
of hisi loffice more power than any other single member of 
Congress.^ In the Seniate, the Vice-President m^ay not ibe- 
long to the sam^e political party as the majority of the mem- 
bers. Hence, he is not given the appointment of the com- 
mittees which is left to the Senate and is practically set- 
tled by the majority party in this body. 

Sessions: — The Congress holds its sessions lat Wash- 
ington, the Capital of the United States. Cue regular ses- 
sion is held each year beginning on the first Monday in 
December.^ The fi^rst session of each Congress usually lasts 
more than six months, but the second session is only about 
three months in length and cannot last longer than March 
4th, when the terms of the Representatives and of one-third 
of the Senators expire. The president can call special 
sessions of Congress, but this is rarely done and only for 
very important reasons. The two houses lagree respecting 
the time of adjournment lof a session of Congress^ The rule 
regarding a quorum is the same as in the General Assembly 
of Missouri.* 

ISee page 41 
2See page 84 

3 The first session is held in December of the year after the election 
of Congress or about thirteen months after such election. 
*See page 40 



CHAPTER XV. ' "i 

MODE OF LEGISLATION. 

In Geaeral ;— The method of enacting laws by Congress 
is very similiar to that which obtains in the Geneiral AssQ|m- 
l)ly of Missouri.^ A bill is intrioduced by a member in 
either house and is referred to a committee.^ After the 
report is received, it may be debated and amendments may 
be made. In order to pass either house the bill must re- 
ceive a majority vote, a quorum being present.^ It then 
goes to the other house where it must pass through the sama 
process. If the bill passes the second house with amend- 
ments it must go back to the other house and if the latter 
does not accept the amendments the bill goes to a confer- 
ence oommittee land the houses act upon the report of this 
committee. If the bill passes both houses it becomes a law 
unlesa the President vetoes it within ten days after he has 
received the same. If Congress adjourns before the end of 
the ten days the bill will not become a law if the President 
has not signed it. In order to pass the bill over the Presi- 
dent's veto a two-thirds vote in each house is required. In 
certain features the method of legislation in Congress dif- 
fers from that in Missouri. This is due to the greater 
power of the Speaker of the House of Representatives, the 
restrictions upon debate in such House and the (absence of 
such restrictions in the Senate. 

ISee page 41 

2Bills for raising revenue must be introduced first in the House 
of Representatives. 

3In Missouri a majority of all the members of the house is neces- 
sary to pass a bill 



84 MATlOiiAL GOVERNMENT 

Power of the Speaker:— Tke Speaker of tlie House of 
Represelntatives is, with the exception of the President, the 
most powerful official in the United States. This is due to 
his control and influence upon legislation. He appoints all 
committees land through his influence over them can control 
the character of their reports upon hills which he refers to 
them. No member can address the House unless he is recog- 
nized by the Speaker. Finally, the Speaker can determine 
what bills shall be considered by the House and the order 
in which they shall be oonsidered. He* does this through 
la Committee on Rules which he appoints and of which he 
is a member. This Committee recommends special rules 
to regulate such m.atters. Of course, the Speaker would not 
have this great power if he was not supported by the mem- 
bers of his party who make up the majority of the House. 

Eestrictiong upon Debate:— iThe Hooise of Representa- 
tives is so large that if every member could speak as long 
as he desired very little business could be done. For this 
reason it has been the rule that the House can close the dis- 
cussion at lany time by a majiority vote. In recent years the 
restrictions have become much greater, the Committee on 
Rules recommending in certain cases that only a few hours 
shall be allowed for the discussion of very important 
bills. 

Freedom of Debate in the Senate:— In striking con- 
trast to this method is the situation of the Senate. At 
first, it was a very much smaller body and did not need tio 
restrict debate. Today it is much larger, but the old rule 
of freedom of debate is still maintained. Sometimes it is 
abused by members undertaking to discuss a bill for a long 
time SO' as to prevent a vote upon it. Near the close of a 
session this miay be done in such a manner as to defeat other 
iuaportant bills, and, in order to prevent this, the attempt 



MODE OF LEGISLATION 85 

to pass the first bill is given up or it is amended to meet the 
objections lof the opposing Senatotps. 

President 'as Infiuence upon Legislation:— When thei 
President belongs to the same political party as the major- 
ity of the members of each house he can exercise great inftu- 
ence upon legislation by means of messages of recommenda- 
tion to Congress and by personal arguments with members. 
In any case, as the head of the Executive Department, he 
is expected to know what legislation is needed and his 
recommendations are generally received with respect and 
consideration. 

Other InSuences: — ^The other influences are similar to 
those that appear in the State legislature except that the 
lobbyists are more numerous and stronger as the interests 
involved are of greater magnitude. 



CHAPTER XVl. 

POWEBB OF CONGEESB. 

In General: — An enumeLnation of the piowersi of Con- 
gress may be found in Section 8 of Article I and in Article 
IV of the Constitution. These powers may be classified un- 
der the following general heads : War and Military Affairs ; 
Expenditures: Money; Commerce; PostalBusiness; National 
Territory and Indians; Miscellaneous. 

I— BEVEmJE ANB EXPENDITUEEi. 
National Taxation:— The Constitution gives Congress 
full powers of taxation, subject only to a few restrictions. 
While Congress has the power to levy prtactically all kinds 
of taxes it does not impose any direct property tax 
such as is levied in Missouri.^ Instead it levies taxes on 
imports and internal revenue taxes. 

Taxes on Imports:— These taxes are called duties, im- 
posts VT tariffh ard are levied on goods that are imported, 
that is, brought into the United States from foreign coun- 
tries.^. 'I'hus a rate of eleven cents a pound or fifty per 
cent of its vahie m^ay be imposed on all wool imported 
into the country. Some rates are made high so that foreign 

I There are two reasons for this. Property is taxed by the States 
and it is better not to have taxes levied by both governments on the 
same object. In the second place, Congress must divide all direct 
taxes among the states according to their respective populations and not 
according to the value of property. (Const. Art. I. Sec, 9, Par, 4,) 
This would make the rate lower m some states than in others. As 
this is not a fair method it is never used except in case of war when 
the needs of the government are pressing. 

2A tax on exports, that is on goods shipped out of the country, can- 
not be levied- Const. Art. v Sec, 9, Par- 5- 



POWERS OF CONGRESS 87 

goods, after the tax has been paid, can not be sold for as low 
a price as goods grown or manufactured in the United States. 
Such a rate is called a protective tariff as it is made for 
Ihe purpose of protecting home industries against foreign 
goods, while a tariff for revenue only is iEtended to promote 
free trade with foreign countries. All imported goods must 
he brought into the country at certain places called porta 
and the taxes must be paid to a United States Collector be- 
fore the goods can be taken away by the owner. 

Internal Revenue Taxes: — These taxes are sometimes 
called excises and are levied on certain goods pro- 
duced or offered for sale in the United States, such as liq- 
uors, tobacco, cigars, etc. These taxes are also levied on 
the privilege of carrying on certain occupations such as the 
manufacture or sale of liquors.^ These taxes must be paid 
to a Collector of Internal Revenue who furnishes stamps to 
the amount of the tax. These stamps must be placed upon 
the barrels, boxes or other packages or exhibited in the place 
of business as evidence that the tax has been paid. 

Uniformity of Taxation:— The Constitution provides 
that all duties, imposts and excises shall be uniform 
throughout the United States.^ This means that the same 
tariff rate shall be levied on a certain article in all ports 
of the United States and that excise duties shall not vary 
on the same article or occupation in different parts of the 
country. This prevents congress from showing favors to 
one part of the country at the expense of another. . 

Other Ordinaiy Sources of Revenue:— The national 
government obtains revenue from a number of miscellan- 

iWhen the government needs a large amount of revenue it levies 
small taxes on documents such as checks, notes, deeds, etc. 
2Const, Art. I,, Sec, 8, Par, i. 



88 NATIONAL GOVERNMENT 

eons sources, t^e most important of wMcli are the receipts 
of the postal system and from the sale of public laUvls. 

Loans: — Congress has the power to borrow money. 
Under orvlinary conditions the revenue from taxation will 
be sufficient to pay the expenses of the government, Ibut 
in time of war and in other special cases, such as the con- 
struction of the Panama Canal, the government cannot con- 
veniently raise enough money by taxation. Hence, Con- 
gress authorizes the Executive to borrow money and issue 
bonds of the United States which are agreements to pay 
interest upon the loan and to return the principal amount 
within a certain period generally from ten to thirty years. 
Vhe total amount of the bonded debt of the United States 
en Jaruary 1, 1906, was $896,358,775. On two-thirds of 
this amount the rate of interest is only two per cent. On 
the balance it is three or four per cent.^ 

Expenditure: — All revenue collected from any source 
is paid into the Treasury of the United States and Congress 
has the sole power of authorizing the expenditure of the 
same. No money can be drawn from the Treasury except 
as provided in appropriations made by Congress.^ The 
largest items of expenditure are for the postal system, 
pensions and for the army and navy. Large amounts are 
also required for the expense of collecting the revenue and 
for building the Panama Canal. 

Table of Eevenue and Expenditures:— The following 
table shows the total revenue and expenditure of the Na- 
tional Government for the year ending June 30, 1905:^ 

IFor debt which does not bear interest, see page 80 

2Const. Art. I., Sec. g, Par, 7, 

? Statistical Absrtact, 1905, pages 83-87- 



POWERS OF CONGRESS 89 

REVENUE. 

Taxes on Imports $261,798,857 

Internal Revenue Taxes 234,095,741 

Postal System .. 152,826,585 

Miscellaneous .. 48,380,087 

Total $697,101,270 

EXPENDITURES. 

Postal System $170,111,107 

Pensions 141,773,965 

War Department 124,554,320 

Navy Department 118,245,5'J'2 

Other Executive Departments 145,846,751 

Congress 11,909,507 

Judicial Department 7,664,276 

Total $720,105,498 

11. MONEY. 

Kinds of Money:— Confess has the power to deter- 
mine the kinds of money which shall be used in the United 
States. There are two general classes — coins or metallic 
money and paper money. The coins which are in use in the 
United States are either gold, silver, nickel or broa/e. 
Gold is used for the coins of large amount, silver for the 
dollar, half-dollar, quarter-dollar and dime; nickel for the 
five-cent &^d bronze for the one-cent. All coins are made 
in the four government mints located in different parts oj: 
the country. There are five different kinds of paper mon- 
ey which may be grouped under the three classes of 



90 NATIONAL GOVERNMENT 

coin and bullion certificates, national bank notes, and 
United States notes. 

Coin and Bidlion Certi:ac5ates:— Gold and silver coins 
after leaving the mint may pass into circulation. But tlie 
laws provides that instead of such coins gold and silver cer- 
tificates may be issued to an amount not exceeding the 
coins held in the Treasury. These certificates are more 
convenient than the metallic money and, as they can be ex- 
changed at any time for the coins, they are accepted with- 
out question. The bullion certificates are called treasury 
notes and were issued in payment of silver bullion pur- 
chased by the government. As this bullion is coined the 
treasury notes are redeemed and will soon pass out of ex- 
istence. 

National Bank Notes: — The power of Congress tO' pro- 
vide money for the country, gives it the right to establish 
national banks and authorizes them to issue paper money 
called bank notes. These notes are the promises of the 
bank to pay the amounts named and are secured by the fact 
that the bank has on deposit with the ofl3.cials of the Treas- 
ury Department, United States bonds of sufficient value to 
redeem its notes. 

United States Not-es:— These are called greenbacks. 
During the Civil War the government could not collect 
enough money to pay its expenses so it issued its notes 
each of which was a promise to pay a certain amount. 
They constitute part of the debt of the United States, ^but 
do not bear interest. The government redeems these notes 
in coin, hence, people are quite willing to accept thc-m. 

Total amoimt of Money in Circulation:— The total 
amount of money in circulation in the United States on 



POWERS OF CONGRESS 9i 

January 1, 1906, was $2,671,543,571.1 distributed as fol- 
lows : 

Gold Coin.. • $654,168,025 

Gold Certificates 480,939,019 

Silver Coin 193,765,592 

Silver Certificates - .«. . 463,960,485 

National Bank Notes ■ .. 527,173,475 

United States Notes 343,262,091 

Treasury Notes 8,274,884 

Total $2,671,543,571 

m. COMMERCE. 

Inter-State and Foreign Commerce: — Each state reg- 
ulates commerce or business that is carried on entirely 
within its boundaries. But many matters of this kind are 
carried on between residents of different states. This is 
called inter-state commerce. If carried on between a for- 
eign country and any of the states it is called foreign com- 
merce. Inter-state and foreign commerce are subject to 
regulation by Congress.. In the exercise of its power 
Congress may make regulations respecting harbors and 
rivers, railroads and steamships, telegraph and express com- 
panies, etc. The control of railroads is an important 
matter and Congress has created the Inter-State Commerce 
Commission to administer certain laws regarding railroads 
engaged in interstate trafiic. The power of Congress to 
control immigration is included in its power to regulate 
foreign commerce. An immigrant is a foreigner who cornea 
into the United States to reside. Congress places restric- 
tions upon immigration. Thus Chinese laborers and pau- 
pers are excluded. There is a demand on the part of 

iDoes not include nickel and bronze coins, 



92 NATIONAL GOVERNMENT 

some people that further restrictions be imposed, such as the 
exclusion of those who cannot read and write. 

Weights and Measures: —Congress can fix the system 
of weights and measures which shall be used in all parts of 
the United States. It has not used this power to any great 
extent but has left each state to regulate the matter for it- 
self. Efforts are being made to get Congress to establish 
the metric system of weights and measures and some prog- 
ress has been made in this direction. 

IV. POSTAL BUBINEBS. I 

In General:— The postal system is of ^eat importance 
to commerce as well as in social life and other activities. 
Congress has full power to regulate the entire system Which 
is managed as a public business by public officials. It is 
used for mailing letters, newspapers and small packages, 
and money orders are issued by means of which a person 
is enabled to send money to any place in the United 'States 
and to foreign countries. Each town of any size has a post- 
office, in charge of a post-master. In large cities free de- 
livery is established and mail is brought to one's residence 
or place of business by letter carriers. About im years 
ago this system was extended to the rural or country dis- 
tricts by the establishment of rural free delivery. 

V. WAR AND MILITARY AFFAIRS. 

In General:-- The Constitution provides that Congress 
shall have the power to declare war. It gives it also the 
power to provide an army and navy and make rules for 
the government of the same. 

Military Forces :-~The military forces of the United 
States are the Army and the Militia or Natiott^l Guard^ 



POWERS OF CONGRESS 93 

Tlie policy of the United States "has been to have a small 
standing army in time of peace. For a long time it could 
not exceed 25,000 men, but since the acquisition of the 
Philippines the number has been more than doubled and 
can be raised to 100,000 men. The officers of the army 
are trained at the West Point Military Academy. The 
militia includes the military forces of the states.^ Con- 
gress provides the rule by which the militia shall be gov- 
erned, but the actual government is in the hands of the 
states until the militia is called into the service of the 
United States by the President, acting unfder thei laws 
of Congress. 

Naval Forces: — ^The Navy plays an important part 
in modern warfare. Congress appropriates large sums? 
for battle ships and other vessels of war. The naval forces 
number over 30,000 men. The officers are trained at the 
United States Naval- Academy at Annapolis. 

Military Pensions: — As its standing army is so small 
the United States depends largely upon volunteer soldiers 
in times of war. As a reward for military service the gov- 
ernment grants pensions to disabled or dependent soldiers 
or their widows. Annual payments for pensions amount 
to more than the cost of the standing army.^ 

VI. NATIONAL TEEEITORY ANB INDIANS. 

Kinds of National Territory:— In addition to the spec- 
ial powders which Congress can exercise in the states it has 
general powers of government over all territory belong- 
ing to the United States which is not included in any 
state.^ This territory divides itself into the followin^^ 

iSee page 47 
2See page 89 
2Const. Art. L, Sec, 8, Par- 17; Art. IV, Sec. 3, Par, 2- 



94 NATIONAL GOVERNMENT 

groups : District of Columbia; Territories; Reservations; 
Miscellaneous Territory. 

District of Columbia:— The District of Columbia is the 
seat of the National Government. It includes about 70 
square miles in area which was formerly a part of Mary- 
land, but was ceded by that state to the United States. 
Congress legislates for the District and the local government 
is carried on by three commissioners appointed by the 
President. i ; i 

Territories: — In our consider ation of the early cjov- 
emment of Missouri, we discussed the way in which, nation- 
al territories came to be organized and the manner ot gov- 
ernment provided for them.^ Congress has full power to 
regulate this matter but, from the beginning, it has giv"^ 
the people of a territory the power of local government as 
soon as they have been prepared for it. At present tbere 
are four territories, Arizona, New Mexico, Oklahoma and 
Hawaii whose government is similar to that of tbe States 
e/xcept that their Governor, Secretary and Judges are 
appointed %y the President. Porto Eico has a similar 
government except that the members of the upper h mse 
of the territorial legislature are also appointed by the Pr-3si- 
dent. Alaska and the Philippines make up a third class 
in which there is no representative territorial legislature, 
though provision has been made for introducing a legisla- 
ture in the Philippines similar to that wMch obtains in 
Porto Rico. 

Admission of States: — ^As we have seen,^ it was the 
policy of Congress to admit a territory as a state into t;ie 
Union as soon as it had sufficient, population. Arizona^ 

ISee page 34 „ ' 

2See page 34 , . ^-^w 



POWERS OF CONGRESS 85 

New Mexico and Oklaliom.a will be admitted in the near 
future, but there is no present intention to follow this pol- 
icy ao far as the other Territories are concerned as thcire 
are practical difficulties on account of the character of the 
population or the distance of the Territory from the Seat of 
Government.^ 

iPri'q-n Territory and Eeservations:— Congress exercises 
a control oyer the Indians who originally held possession 
of the land which is now included in our staltes. Some of 
the Indians, such as the tribes living in the Indian Territory, 
are sufficiently civilized to attend to their owla internal af- 
fairs. This terrtory will be joined to Oklahoma and ad- 
mitted as a state in the near future. The less civilized 
Indians are located 'On reservations which are sections of 
national territory set aside for this purpose. An Indian 
Agent, appointed by the President, is in charge, and the 
government furnishes schools and generally food, clothing 
and other necessary supplies. 

BSscellaneous:— The national government needs forts, 
dockyards, military and naval stations, post offices, custom 
houses, etc. Congress provides for the government of all of 
such territory and property. The national government be- 
came the owner of most of the land which was acquired from 
the Indians. This public land was surveyed,^ and sold to 
settlers on very low terms. In addition large tracts were 
granted to the states to be used to promote public education. 
In Missouri there are only about 100,000 acres of vacant pub- 

3 The present Congress has passed an act authorizing the admis- 
sion of Oklahoma and the Indian Territory as a single state under the 
name of Oklahoma and the admission of Arizona and New Mexico as 
a single state under the name of Arizona- Arizona refused to agree 
to this Union, hence it and New Mexico will continue to exist as Ter- 
ritories- 

iSec page 25 - 



96 iN^ATIONAL GOViER^MENT 

lie land, but in tihe Western states and territories a large 
amount is still unoccupied though most of it is not fit for 
cultivation on account of a lack of water. Congress has 
made provision for irrigating these lands and when this has 
heen done they will be occupied by siettlers. 

Vn. MISOELLAI^EOUS POWEES. 

Citizensliip and Naturalization:— Under the Constitution 
a person becomes a citizen by being born or naturalized in 
the United States. An alien or foreigner is a person who was 
not born in the United States. Naturalization is a process 
by which an alien is made a citizen. The following is the pro- 
cess which has been fixed by Congress. The alien appears 
before a state or national court and declares that it is his de- 
sire to become a citizen. He is then given his first papers. 
After he has lived in the United States five years, and two 
years ;after he has received his first papers, he can be made 
a citizen by the Court, being first required to take an oath 
to support the Constitution of the United States. 

Patents and Copyrights:— Congress, in order to encour- 
age useful discoveries, has provided that every person who 
makes a new invention shall be entitled to a patent which 
gives him the exclusive right to manufacture or sell the 
same, for a certain term of years. A copyright is a similar 
privilege, giving a person the sole right to publish a book 
he has written or drawing, etc., which he has made.^ 

Organization of Executive and Judicial Departments:— 

The Constitution contains certain fundamental provisions re- 
garding the executive and judicial departments but leaves 

lA trade mark is a certain sign which a merchant has adopted to 
indicate his business on the goods he manufactures-. He is protected 
in the use of this by State laws, though Congress may also protect 
the same so far as regards inter-state and foreign commerce. 



POWERS OF CONGRESS 97 

the great majority of matters to be determined by legisla- 
tion. Thus Congress creates all executive and administrative 
offices and fixes the duties, powers and salary attached to 
the same. Congress also provides for the organization of 
the national courts. ' , 

Crimes:— Except in the District of Columbia and the 
Temtories, Congress can make only a few acts crimes. 
In the states the legislatures regulate most of these matters. 
GoaigresSj hoT;ever, provides what acts are crimes on the 
high seas and against the law of nations such as piracy 
jijid the slave trade. It also provides for the punishment of 
counterfeiting. Congress also declares the punishment of 
treason, which arises whenever a citizen makes war against 
the United States or assists its enemies.^ 

Implied Powers:— Congress has not only the express 
powers which are granted to it by the Constitution, but 
those which are implied, that is, necessary and proper for 
carrying these express powers into execution.^ Individ- 
uals and political parties differ respecting the extent of 
these implied powers. Some insist upon a strict construction 
which will restrict the p'owers of Congress while others ad- 
vocate a loose or liberal construction which gives Congress 
very great powers. Thus, Congress is not expressly author- 
ized to establish national banks but it must provide a sys- 
tem of money and hence it was held that this gave it the 
implied power to create banks to assist it in this function. 

Special Powers of the Separate Houses:— In addition 
to regulating its own proeedings each house has certain 
special du;ties. Thus all revenue bills m.ust originate in 
the House of Representatives,^ Vfhich has also the sole pow- 

iConst. Art- IIL, Sec. 3- 
2Const., Art- I-, Sec- 8, Par. 18. 
3Art. L, Sec. 7, Par- 1. 



98 NATIONAL GOVERNBIENT 

er of impeachment.^ The Senate tries and decides all im- 
peachments, and passes upon all treaties.^ Miost of the ap- 
pointments to office made by the President,^ must be approv- 
ed by the Senate. 

Eestrictions upon Congress: — The Constitution has 
restricted Congress in the exercise of the powers granted 
to it. Some of these restictioiis have been noted in the dis- 
cussion of its powers."^ Others restrict the power of Con- 
gress in regulating the procedure of courts in the trial of 
crimes and civil cases.^ A few im^portaait resfrictioo^s 
may be noted at this point. 

Freedom of Religion, Speech and Press :— Congress can- 
not make any law resitricting the free exercise of religion. 
It is also prohibited from abridging the freedom of 
speech or the press or the rig'ht to petition the govern- 
ment for redress of grievances.^ , 

PersonaJ Freedom:— The Thir1;eenth Amendment to 
the Constitution, which abolished slavery, provided that 
no person shall be deprived of his freedom except as a 
punishment for crime. 

Eminent Domain: — ^Etoiinent domain is the right of 
the government to take the property of an individual when 
it is needed for public use. The Constitution provides, that 
this shall not be done without giving just compensation 
to the owner of the property .^ 

4Art. I.. Sec- 2, Par- 5- 

^See page 103^ , ■ ,; ^ ^ i lT' ,- : ; . i . . 

^See page lo4 

7See page 86 

8See page 112 

iConst. Amendments, Art- I- 

2Amendments, Art. V, 



POWERS OF CONGRESS 99 

Titles of Nobility: — ^Congress is not permitted to grant 
any titles of nobility and United States officials cannot ac- 
cept titles, Offfices, or presents of any kind from any foreign 
state without the consent of Congress.^ 

3Art- L, Sec- g- Par. 8. 

LOFCe 



CHAPTEE XVII. 

THE PRESIDENT. 

Term of Omce:— The Chiei Executive of the UniteJ 
States is a President who is elected for a term of four years. 
A strong president is usually re-elected, but it has become 
the rule that no one shall be chosen for more than two 
terms. 

Qualificaions:— No person except a native born citizen 
can be President. He must also have resided in the 
United States fourteen years and have attained the age 
of thirty-five years. As a matter of fact most presidents 
have been much older when elected. 

Compensation: — The President receives an annual sal- 
ary of $50,000 and is furnished an official residence which is 
called the White House. 

Manner of Election; — The President is chosen by an 
indirect method of election. The voters choose electors and 
these electors choose the President and Vice-President. It was 
not originally intended that the electors should be in- 
structed how they should vote and they were left free to 
exercise their own judgment in the matter. Custom, however, 
has led to the rule that before being chosen the electors are 
pledged to vote for certain persons who have been nomi- 
nated by their party convention so that the election is for 
the most part direct. Each state is entitled to as many 
electors as it has senators and representatives in congress. 
Thus, Missouri has eighteen electors. Each political party 
decides upon its candidates for Piresident and Vice Presi- 



THE PRESIDENT 101 

dent. It then nominates in each state as many electors 
as the state is entitled to and these electors are voted for 
by the qualified voters of the state at the general election, 
in November, before the end of the President's term of 
office. The electors qtq chosen on a general ticket, that is, 
each voter votes for as many candidates as there are elect- 
ors in his state.^. Those electors who receive the largest 
number of votes in the state are declared elected. The 
total nnmber of the votes cast for the electors of one polit- 
ical party in all of the states is called the' popular vote 
for the presidential nominee of that party. But the total 
popular vote has nothing to do with the election, as, in 
order to be elected, the candidate must receive a majority 
of all the electors who have been chosen in all the statesi. 
However, it is usually the case that the candidate who has 
the largest popular vote also receives the votes of the ma- 
jority of the electors. 

It is known within a day or two after the election which 
electors have been chosen and, as the electors will vote 
8LB instructed, the choice for President is known at the same 
time. It is nevertheless necessary to go through the form.s 
provided by the Constitution and laws of Congress.^ 
The electors in each state meet at the state capital on the 
second Monday in January after their election and cast 
their ballots for President and Vice-President. The votes 
are sent to the President of the Senate and on the second, 
Wednesday of February they are counted in the presence 
of both houses of Congress and the candidates who have re- 
ceived a majority of all the votes are declared elected and 

lA state legislature may divide the state into districts and have 
each district choose one elector, but this plan has not been followed in 
recent elections. 

2Amendments, Art. XII. 



102 NATIONAL GOVERNMENT 

are inaugurated as President and Vice-President on the 
fourth day of March. 

If no one has received the votes of a majority of all of 
the electors the election is left to the two houses of Con- 
gress. The Senate decides between the tv/o candidates for 
the office of Vice President who received the highest num- 
ber of votes While ihe House of Representatives chooses a 
President from the candidates, not exceeding three, who 
have the highest number of votes for that 'offilce. In 
choosing the President the House votes by states, the dele- 
gation of representatives from each state having one vote 
and a majority of all the states is necessary to elect. If the 
House fails to choose a President in this manner the Vice 
President becomes President.^ 

Eiiccession to the Presidency:— In case the President is 
removed from office or dies, resigns or is unable to perform 
his duties, he is succeeded by the Vice-President who is 
ehosen at the same time and for the same term as the Presi- 
dent and must possess the same qualifieations. The Vice- 
President receives a salary of $8000 a year. Congress is 
authorized to provide for the case in w^hich both President 
and Vice-President are Jinable to perform the duties of the 
office, and it has done so by providing for the succession of 
the heads of the Executive Departments,^ Oeginning with 
the Secretary of State. 

iThe original method of electing President and Vice President 
provided that each elector should vote for two persons for President 
and that the persons who had a majority and the highest number 
should be President and the person receiving the next highest number 
be Vice-President- In 1801, Thomas Jefferson and Aaron Burr, who 
v/ere the nominees of the same party for President and Vice-President, 
each received a majority and the same number of votes-- Hence the 
election was thrown into the Plouse of Representatives* which,, after 
a long contest, chose Jefferson- This difficulty led to the adoption ot 
the Xllth Amendment to the Constitution which provides the proced, 
ure indicated above. 

2See page 106 



f HE PRESIDENT 103 

n. POWERS AND DUTIES OF THE PRESIDENT. 

Foreign Affairs :~Tlie President is the head of the Na- 
tional Government and as such represents the United States 
in all of its dealings with foreign governments. He acts 
through ambassadors, ministers and consnls sent by him to 
these governments and he receiv^es from them similar repre- 
sentatives. The relations betv/een the United States and 
foreign nations are regulated by treaties which are con- 
tracts drawn up and agreed to by both nations. The Pres- 
ident makes all of these treaties, but they do not go into 
force unless ratified, that is, approved by a two-thirds vote 
in the Senate.^ 

Military Powers: — The President is Cb^mander-in- 
chief of the army and navy and can direct the movements 
•of such forces. While war must be declared by Congress, 
the President, by his control over relations with foreign na- 
tions and over the military forces, can practically bring 
about a condition of war. During war his powers become 
very much greater than in time of peace. 

Legislative Powers: —The President's powers with re- 
spect to legislation have been discussed in the chapter- 
dealing with the Organization of Congress.^ They include 
the right to call extra sessions, make recommendations and 
veto acts of Congress. 

Judicial Powers: — The President has the power of 
granting reprieves and pardons for offenses against the 
United States similar to that which is possessed by the Gov- 
ernor of a state.^ 

Appointments and Removals:— We have seen that in 

2Const.. Art- II-, Sec 2, Par- 2- 
3See pages 83, 86. 
ISee page 45 



104 NATIONAL OOVEE'NMENT 

Missouri many of tlie state and local lofficials are elected by 
the voters. This is not true of the National Governmeiit 
as the President is the only executive official Who is elected. 
All of the others are appointed. The judges of the feder- 
al courts, the heads of executive departments and other 
important offi'cials are appointed by the^ President with the 
consent of the Senate. A few officials are appointed by the 
President alone while the minor officials are appointed by 
the heads of departments.^ The President can remove most 
of the civil officials appointed by him and can secure the 
removal of minor officials. 

Tile Eseciitivs Civil Beryicje:— The Executive Civil Ser- 
vice includes practically all of the offi,cials of the Executive 
Department except military and naval officials. The ex- 
tent of the President's power of appointment and removal 
will be appreciated from the fact that on June 30, 1905, 
there were 300,615 positions included in this Civil Service.^ 

Political Appointments and Removals:— The great ma- 
jority of these civil officials hava nothiri:^' to do ^^ith the 
politics of the government. They are post-masters, clerks 
and similar employees who carry on the business of the gov- 
ernment. Originally, persons app..«inted to such positions 
held the same as long as they gave good service. Begin- 
ning with the administration of President Jackson there was 
introduced the principle that '^to the victors belong the 
spoils," which means that when a ])0-!ru-;d party gets con- 
trol it should reward its supporters ])v giving them govern- 
ment positions and that persons belonging to a difierent 
political party should be rennoved to make room for such 
supporters. The adoption of this practice led to very bad 

2Const. Art- I-, Sec- 2, Par- 2. 

322nd Report of U. S Civil Service Commission, page 137. 



THE PRESIDENT 105 

results. The new appointees were in many cases unsatis- 
factory while those efficient officials who were able to sieicure 
other places left the government service on account of the 
insecurity of their positions, 

0ml Service Eeform:-'The results of such a system 
became so great that in 1883 Congress enacted a remedy 
in the Civil Service Act which provides for the examination 
of persons who desire to enter the government service and 
requires that appointments shall be made from among those 
who receive the highest passing grade on such examinations. 
Removals for political reasons are forbidden. A Civil Ser- 
vice Commission of three members administers the pro- 
visions of the act. At first only a feiw= of the positions in the 
civil service were subject to these competitive examinations, 
but the President was given authority to extend this 
part of the service which wa« called the Classified Service. 
The Presidents used the power so freely that on June 30, 
1905j 171,807 positions were subject to such competitive ex- 
aminations. The system is by no .means perfect but it has 
brought about the very great improvements in the character 
of the Ci'fil Service. 

Execution of the Laws:— Finally we must note that the 
Constitution provides that the President *' shall take care 
that the lavv-s be faithfully executed"^ As he appoints all 
importa^nt officials and can control their acts he is able to 
oontrol the acts of the minor oi^.-'ials appointcvl by them. 
In this way he can compel offici-us all over the couniry to 
enforce the laws and is not dependent, as is the Governor, 
in manj cases, on the opinions or desires of locally elected 
officials. 

lArt- IL, Sec- 3- 



CHAPTER XYIII. 

EXEOUTIVE DEFAE.TMENTS AND THE CABINET. 

The Executive Depart-ment^:— In Missouri the work of 
administration is divided among a large number of inde- 
pendent departments to each of which are assigned only a 
few functions of government.^ In the National Govern- 
ment, on the contrary, administrative work is concentrated 
in a few departments most of which have a large number 
of matters to attend to. The First Congress, in 1789, creat- 
ed the three departments of State, Treasury and Y/ar. and 
the office of the Attorney-General, which was of equal rank 
with the heads of the departments but was not made a de- 
partment until 1870 when it became known as the Depart- 
ment of Justice. As the business of the government in- 
creased new departments were added as follow^s: Navy 
(1798), Post Offi<ie, (1829), Interior (1849), Agriculture 
(1889) Commerce and Labor (1903) making nine in ali.^ 

The Cabinet: — The head of each department supervises 
its administration but in addition }ie is a member of the 
President's Cabinet or the council to which the President 
refers matters of government policy or administration. 
"While he is not obliged to follow the advice of the Cabinet 
the President is, as a rule, influenced by it. The members 
of the Cabinet are usually leading men of the same party as 
as the President by whom they are appointed. The cons(ent 

IScc page 46 

2The Post Office was first established as a department in 1794. but 
was not of equal rank with the others until 1829. The same was true 
of the Department of Agriculture which was first organized in 186? 
and the Department of Labor organized in 1888 but merged with that 
of Commerce and Labor in 1903. 



EXECUTIVE DEPARTMENTS AND J HE CABINET 107 

of the Senate is necessary, but it is given, almost always, 
as a matter of course as it is felt that the President 
should be fre^ in choosing his advisers. 

General Org-ankation c^ Bepartment^:— The depart- 
ments are similar in their general organization. The head 
of e^ch department is called a Secretary except in the case 
of the Attorney-General and Post Master-General. There 
are one or more Assistant Secretaries in each department. 
Each department is divided into bureaus or o]Si)ces and each 
of these into divisions. A commissioner or chief is usually 
at the head of a bureau or office while the head lof a division 
is called a chief. In each division there are a number of 
clerks. The whole system is so organized that each official 
is responsible to some superior officer. Thus the clerk is 
controlled by the chief, the chief by the commissioner, and 
the latter by the secretary while the President exercises an 
immediate control over all heads of departments. 

The Department of State :— The Secretary of State, like 
the same official in Missouri, has charge of the official acts 
of the legislative department and the chief executive. 
He keeps the loffi^cial copies of acts of congress, treaties, 
<ixecutive proclamations and commissions and has in his 
custody the great seal of the United States which he affixes 
1 J various offi»cial documents. His chief duties, however*, 
are concerned witlt foreign reflations. For this purpose 
there are Diplomatic and Consular Bureaus in the Depart- 
jneijt of State. The former has under its direction all eom.- 
miinications and proceedings v/ith foreign nations. These 
are made through our ambassadors or ministers in foreiarn 
state or by means of the representatives of such states who 
are stationed at Washington. The Consular Bureau has 
charge of the work of United States Consuls who are locat- 



108 KATIOKAL GOVEK,NMENT 

ed in the more important cities of foreign counties and Who 
look after the interests of American commerce in their con- 
sular districts. i : 

Depart-ment of the Treasury:— This departm-ent is 
charged with the administration of the laws relating to rev- 
enue, . expenditure and money.^ AH revenue which is col- 
le<3ted from any source is deposited with the Treasurer of 
ilao United States who pays it out upon the order of the Sec- 
r« t'try or some authorized official. In order to k'eep a check 
upon expenditures as well as up'on the Treasurer there are 
a series of Auditors and Comptrollers Who are required to 
I)ass upon accounts and countersign warrants v/hich are 
registered hy the Kegister of the Treasury. For conven- 
ience in collecting the revenue and paying the expenses of. 
the government nine sub-treasuries have been established in 
different parts of the country, each in charge of a sub- 
treasurer. Onie of these is located in St. Louis. The Comp- 
troller of the Currency administers the laws relating to 
national banks while the Director of the M^nt has charge 
of the coinage. The Bureau of Engraving and Printing, 
under the direction of a Chief, attends to the engraving of 
all paper money, bonds, postage and revenue stamps, etc. 

There are also a number of additional matters attended 
to by this department. The Supervising Architect has 
charge of the plans and construction of public buildings 
such as custom houses, post offices, etc. A Surgeon General 
is in charge of the Public Health and Marine Hospital Ser- 
vice. The Life Saving Service looks after the saving of 
livefc and property from vessels in danger. The Secret Ser- 
vice is charged with the detection of revenue frauds anc| 
other crimes, such as counterfeiting. 

ISce pages86-91 - : * 



EXECUTIVE DEPARTMENTS ANDTHE CABINET 109 

The Department of War: — This department has charge 
of the military affairs of the government^. It has various 
offices and bureaus which furnish food, clothing, transporta- 
tion, medical service, arms, asamunition, etc., for the army 
and looks after its posts, arsenals, etc. In addition import- 
ant public works, such as th€ construction of fortifications 
and improvement of rivers and harbors, are attended to by 
the Corps of Engineers. The Isthmian Canal Commission, 
which has charge of the construction of the Panama Canal, 
is a part of the War Department. The Bureau of Insular 
Aft airs has charge of matters relating to civil government 
in the Philippine Islands. While the Secretary and Assis- 
tant Secretary are civil officials, the heads of bureaus and 
otr^ces are military officials. , 

Th® Departmsiit of th© Mavy: — This department at- 
tends to naval affairs including the construction, repairs, 
equipment and operation of vessels of war and the furnish- 
ing of men and supplies. As in the War Department, the 
Secretary and Assistant Secretary are civil officials but the 
heads of bureaus are naval officers. 

Department of Justice: — ^The Attorney-Ceneral gives 
legal advice to the President and the heads of departments. 
He has general supervision of all United States Marshals 
and District Attorneys. He may direct any case in court 
tD which the United States is a party and generally appears 
in persfon or through his assistants to argue cases before the 
Supreme Court and Court of Claims. 

The Post 0:8108 Department :— The Post Master-General 
has charge of the postal business of the country. He is 
ELsisted by four Assistant Post Master-Generals, each of 
whom is in charge of certain of the fields of postal business.a 

iSee page 92 

?See page 93 ,. v. . . ... .i 



110 ■ NATIONAL GOVERNMENT 

The BepartBient of the Interior:— Tlie more important 
affairs attended to by tliis department are sufficiently indi- 
cated by the title of the following officials in charge: Com- 
wiissioner of the General Land Office, Commissioner of Pen- 
Rions, Commissioner of Indian Affairs, Commissioner of Pat- 
ents. There is also a Com_missioner of Education who col- 
lects and publishes information respecting schools and ed- 
ucation and has superyision over education in Alaska. The 
Director of the Geological Survey makes scientific investi- 
gation regarding the geological structure and mineral re- 
sources of the United States. 

Department of Agricnltiire: — This department is or- 
ganized to promote the agricultural interests of the country. 
The Weather Bureau is an important division. There ar^* 
also bureaus dealing wi^^h dom-estic animals, plants, soils, 
forestry, chemistry, road improvement, experiment stations, 
etc ' , , V 

Department of Commerce and Labor:— This new de- 
partment includes some very important matters. It is in 
general charged with the promotion of the commercial and 
labor interests of the country. Much of its work is in the 
nature of collecting and publishing information. There are 
Bureaus of Corporations, Manufactures, and Labor. The 
Bureau of Statistics publishes valuable information pertain- 
ing to foreign commerce while the Census Bureau takes the 
census every ten years and collects special statistics from 
time to time. The following branches have to do with the 
safety and improvement of river and marine navation: 
Bureau of Navigation, Steamboat Inspection Service, Light 
House Establishment and Coast and Geodetic Survey. The 
Bureau of Immigration inspects immigrants and administers 
the immigration laws. The Bureau of Standards haa 



EXECUTIVE DEPARTMENTS AND THE CABINET 111 

charge of the National Standards of Weights and Measures 
and makes copies of the same for commercial, educational 
and similar purposes. There is also a Bureau o£ Fisheries 
in this Department. 

Special Bureaus: — In addition to the nine executive de- 
partments there are a number of independent bureaus, com- 
missions, etc., "vyhich are not included in any Executive De- 
partment. We have already considered two of these, the 
Intcr-state Commerce Commission,^ and the Civil Service 
Commission.^ The Government Printing Office, in charge 
of the public printing, is the largest printing office in the 
world. It does all the printing and binding for the Nation- 
al Government except that which is done by the Bureau of 
Engraving and Printing in the Department of the Ti'easury. 
The Library of Congress, which is a great national library, 
is under the direction of a Librarian appointed by the 
President. The Copyright Offiice, under a Register of Copy- 
rights, is a division of the Library which has charge of the 
administration of the copyright law.^ Other institutions of 
the National Government are the Smithsonian Institution, 
National Home for Disabled Volunteer Soldiers, Interna- 
tional Bureau of American Republics, etc, 

ISee page 91 
2See page 105 
3 See page 96 



CHAPTER XIX. 



T. 



National Courts: — In our discussion of Judicial De- 
partment of Missouri we learned the nature of the work 
done by the courts. Most of the cases which arise can be 
settled finally by the state courts but there are some mat- 
ters which it vv^ould be unwise to leave to these courts, and 
others which they cannot decide. Hence, the Constitution 
gives Congress authiority to create national courts with pow- 
er to decide the following : First, those cases which have to 
do with matters which are regulated by the national gov- 
ernment, such as foreign relations, foreign and inter-state 
commerce, national taxation, money, territories, Indians, 
postal system and in general any question arising under the 
laws and treaties of the United States. Stecond, those cases 
to which the United States is a party, such as a dispute over 
a contract for the construction of a public building. Thiri, 
case between two or more states, such as a dispute over 
boundary lines. Fourth, cases between citizens of different 
states, as when a citizen of Missouri s,eeks to collect money 
from a citizen of Illinois. He may sue in the Illinois courts, 
but if he prefers he can bring the suit in a national court. 
Finally, the national courts have power to decide all ques- 
tions affecting the Constitution of the United States and th^ 
division of powers between the National and State Govern- 
ments. If Congress passes a law which it has not been au- 
thorized to enact the courts will declare it unconstitutional, 
that is, invalid, when it is sought to enforce the same, and it 
will do likewise if a state legislature passes a law regard- 



JUDICIAL DEPARTMENT llS 

ing any of the matters the reflation of which the Consti- 
tution has delegated to Congress or prohibited to the states. 
The chief national courts are the Distnct Courts, Circuit 
Courts, Circuit Courts of Appeals and Supreme Court. 
There is also a special Court of Claims. 

District Court:— The District Court, which is the one of 
lowest grade, is held by a District Judge. There is at least 
one district court in each state but the largest states are 
divided into two or niiore districts. Thus Missouri is divid- 
ed into an Eastern '^nd Western District, Yv4th a distnct 
judge and court for each district. Each district is divide A 
into two or more divisions and the court meets at least once 
each year in each division. This court deals wlith prosecu- 
tions for violation of national laws, admiralty and bankrupt- 
cy cases, etc. 

Circuit Court: — The Circuit is a much larger area than 
the district. The entire United States is divided into nine 
circuits. For each of these circuits there are appointed 
two or more circuit judges. Missouri is in the Eighth Judici- 
al Circuit which has four circuit judges. In addition each one 
of the nine judges of the Supreme Court is assigned to one 
circuit. Any one of these judges or any district judge in 
a circuit may hold the Circuit Court which is held at least 
once each year in each district. The district and the cir- 
cuit courts are each given authority to try certain cases 
while others may be tried in either court. 

Circuit Court of Appeals:— Originally appeals from the 
decision of the district or circuit court were taken direct^ 
to the Supreme Court. This threw too great a burden up- 
on this court and in 1891 Congress created a Circuit Court 
of Appeals in each circuit which may be held by any two 



114 NATIONAL GOVERNMENT 

of the jiKlges authorized to hold the circuit oourt. Most 
appeals from the lower courts go to circuit oourt of appeals 
though some go directly to the Supreme Oourt. In rmany 
cases the decision of the circuit court of appeals is Pnal. 

Suprfesne Cour'ti:— The Supreme Court, which is the 
head of the eutire judicial system of the United States, 
consists of a Chief Justice and eight Associate Justices. It 
holds its sessions at the National Capital. Most of the cases 
comiiig before this Court are appealed friom the lower 
courts, but a few cases are tried first in the Supreme Court. 
These are "cases alTeeting ambassadors, other public minis- 
ters, and those in which a state shall be a paHy." 

Court of Claims:— The Oourt of Claims v/as established 
for the purpose of trying claims of individuals against the 
United States. It consists -of a Chief Justice and four As- 
sociate Justices. 

Appointment, Term and Salary:— In striking contrast 

with the rule in Missouri and in most states the judges of 

the national courts rtq appointed by the chief executive and 

hold their positions for life or during good behavior.^ This 

tends to render the judges more independent and impartial 

in their decisious as they do not need to consider the que*?- 

tion of their re-election. Their salaries are much larger 

than those received by Missouri judges, though not as much 

as m'ost of them could earn from the practice of law.^ 

< 

Officials of Courts:— The Supreme Court appoints Us 
own Clerk and Marshal. Each of the other courts has a 
clerk for each place in which it holds its sessions, though 

iThey may be removed by the process of impeachment. 

2Their annual salaries are as follows: Chief Justice, $13,000; 
Associate Justices, $12,300: Circuit Judges, $7,000; District Judges, 
-$5,000- 



JUDICIAL DEPARTMENT 115 

the same person usually acts as clerk for both the cirenit 
and djfitrict court. The Presi.rlcr.'c appoints for each dis- 
trict a District Attorijcy and a j^larshal who are ofBicials of 
all the national courts holding sessions in their districts. 
The Attorney General of the United States and his as- 
sistants may represent the United States in any of the na- 
tional courts, but usuaPy appear only in the Supreme 
Court. 

Judicial Proceedings:— The proceedings in civil and 
criminal cases before the national courts are similar to those 
which have been described in tho Chapter dealing witii 
the Judicial Department of Missouri.^ The Constitution 
of the United States gives an individual the right to Ic- 
mand practically the same privileges in judicial proceedings 
as are recognized by the Constitution of Missouri. 

Impeachments:— The President, Vice President and 
all civil oflDcials of the United States may be removed 
from office on imxpeachment for and conviction of treason, 
bribery, or other high crimes and misdemeanors.^ The 
House of Kepresentatives presents the impeachment which 
is tried by the Senate, the rules governing the same being 
similar to those already discussed in connection with this 
process in Missouri.* 

iSee page C8 

2See Const- of U- S-> Art. III. Sec. 2- Par, 3; Amendments, 
Art. IV-VIII- 
3Const. Art. I-, Sec- 2- Par, 5 -, Art. II, Sec-. 4, 
4See page 73 



% » 



V i¥. 



/f¥^ 



IN THE COLONIAL DAYS 



CHAPTER I. 

DISOOVFRY AND BITTLEMENT OF THE LkM'D 

1. First Discovery.-— A Spaniard, Hernandez de Soto, 
in 1541, was probably the first white man to set foot upon 
(he territory which afterward became Missouri. This was 
forty nine years after an Italian, Christopher Columbus, dis- 
covered America. De Soto * had heard that mxuch gold and 
precious stones could be found in the new country. With 
soldiers and priests, numbering over six hundred, he set 
out from Florida, seeking the m.ysterious wealth. His com- 
pany was brilliantly dressed and carried glittering swords, 
lances and shields. The Indians v/ere unfriendly. There 
were no roads. Fever broke out among the Spaniards. 
They found neither gold nor precious stones. Finally they 

*Missoiiri — pronounced Miz-zou-ry — stakes its name from the In- 
dian tribe, Missonris, wlio lived on the chief river of the state. 'ilie 
v/ord means "wooden canoe" not, as is sometimes said, "muddy 
water." 

llDeSoto had won fame by brilliant horsem.anship in die con- 
quest of Peru where he was the chief aid of Pizarro. He was ap- 
pointed^ governor of Cuba by the Spanish king in 1537 and at the 
same time given permission to conquer Florida and explore the 
territory to the west and north. 



DISCOVERY AND SETTLEMENT OF LAND 117 

came to the great river, called by the Indians, Mississippi, 
the Father of Waters. The Spaniards crossed the river and, 
about where New iNiaxirid is first entered the territory which 
is now Missouri. De Soto became ill and died. The Indians 
had named the Spanish leader the Son of the Sun. His 
soldiers feared the effect if his death was known to the red 
men. So secretly at night they bore his body to the river 
and sunk it beneath the water. ^'He had crossed a large 
part of the continent and found nothing so remarkable as 
his burial place." The fev/ remaining Spaniards, hom^esick 
and discouraged, made rude boats, floated down the Missis- 
sippi river and escaped to Spain. No permanent settlement 
was made. The Spaniard was to yield this honor to the 
Frenchman. 

2. Early French Explorers.— From the French settle- 
ments in Canada came the earliest French explorer. This 
was in 1673. Father Jacques Marquette, a priest of the 
Catholic church, of a high family from the cathedral city 
of Lorn, France, bent upon carrying the Catholic religion to 
the Indians, w^as the leader. With him came Louis Joliet, 
a trader in furs, the son of a v/agonmaker in Quebec. A 
small party, only five in number, in birch bark canoes, they 
paddled along the shores of Lake Huron and Lake Michigan, 
carried their light boats across the plains of the Wisconsin 
river and floated down this river to the Mississippi.* Down 
the Mississippi Father Marquette and his eompa»nions went, 
uncertain whether the great river flowed toward Virginia, 
the Gulf of Mexico or, as they had heard, toward China. 

*Joliet, in gratitude to the French governor of Canada, Fronte- 
nac, called the river La Bnade. Marquette, remembering a vow he 
had made to the Virgin Mary, en lied it the Concepcion; later, La- 
Salle called the river Colbert. None, however, was able to sup- 
plant the Indian name, Mississippi, 'The Father of Waters." 



118 IN IHE COLONIAL BAYS 

They stopped at several points, were pleasantly received by 
the Indians and were given the calumet or "pipe of peace" 
which the Indian chief said would insure them friends every- 
v/here. ]\Iiarquette and Joliet landed at the mouth of the 
Missouri river and proceeded to the southward as far as 
the mouth of the Arkansas river. Then they returned to 
Canada. 

3. Expedition of LaBalle — The second exploring party 
from Canada was led by Robert Cavalier, better knovm as 
LaSalle,* in 1G82. He sought to obtain the Mississippi 
river country for France. His party, commissioned by the 
French king, proceeded, amid many hardships, from, the 
French settlem^ents in Canada by w^ay of the Illinois river 
to the Mississippi river and down to its very mouth. On 
April 9, 1682, La Salle took possession of the whole Missis- 
sippi valley in the name of the king of France.* He called 
ihe territory Louisiana for the reigning monarch Louis XIV. 
It included the region from which twenty states of the 
United States have since been formed. Even the brave 
and hardy La Salle made no settlement along the river of 

||A wooden column was raised at the mouth of the Mississippi, 
a cross was placed by the side of the column and in the ground was 
buried a leaden plate bearing the arms of France and the inscription 
— in French — "Louis the Great reigns." 

♦Robert Cavalier, Sieur de La Salle, made three attenipts to 
reach the Mississippi before he succeeded. The first time his boat 
was lost, the second time his supplies were exhausted and he was com- 
pelled to return to Canada from his winter fort significantly named 
Crevecoeur, which is French for heart break Finally, after 
two years effort he floated dov^m the great river. Later, wan- 
dering in Texas, he v/as murdered by mutinous soldiers, March 19, 
1684. He was coldly ambitious, reserved to hauteur, over-confi- 
dent in his own judgment, with great natural ability and equal de- 
termination, imaginaHve to a fault, and consequently even more 
visionary than practical. The essential failure of his^ colonizing 
and monopoly projects should not obscure his real services as the 
greatest French explorer of the Mississippi Valley." 



DISCOVERY AND SETTLEMENT OF LAND 119 

which he made the first complete exploration. His discov- 
eries, however, and reports to the old world brought other 
explorers and, soon, the first settlers. 

4. First Settlemeiitc — The first settlement hy white men 
in Missouri was at St. Genevieve in 1735, about three miles 
distant from the present town of the same name. The settle- 
ment was made by traders from Fort Chartres in Illinois and 
cor. sis ted of a large blockhouse and a fev/ smaller houses. 
The second settlement of permanence was at St. Louis. 
Pierre Laclede* headed an expedition from New Orleans for 
trading with tlie Indians and chose a bluff on the west bank 
of the great river for its headquarters. Here in 1764 a few 
French families came and a trading post named for the King 
of France, St. Louis, was founded. The trading firm of 
Maxent, Laclede & Co., of which Laclede was the chief 
member, did a good business and the nev/ settlement grew 
rapidly. Shortly before St. Louis v/as founded Blanchette, 
'Hhe hunter," settled at the Village of the Hills, now St, 
Charles.* and soon several other hamlets were begun. 
The white man was in permanent possession. Slowly the 
red men were driven further toward the westward, but it 
was nearly three-quarters of a century before they had en- 
tirely disappeared from Missouri. 

1 1 Fort Chartres was on the Mississippi river In "the Illinois 
country' about 6o miles below the mouth of the Missouri river. 
When completed, early in the i8th century, it was one of the strong- 
est fortresses on the continent. 

1 1 Pierre Laclede Liguest was born in Bion, France, at the foot 
of the Pyrenees mountains, in 1724. He was of dark complexion 
v/ith piercing black eyes, nervously energetic, of shrewd, business 
sense. Laclede died June 20, 1778, in his bateau on the Missis- 
sippi river and was buried on the river banks at a spot now un- 
marked. He was never married. , 

*This v/as 1762 while it was February 15, 1764, when Laclede 
landed in St. Lowis, 



CHAPTER II. 

OWNERSHIP OF THE LAND. 

6. First Owners — The first o-\vners of the Mississippi 
valley territory, after the Indians,* were the French. In 
1682, LaSalle having traveled down the Ivlississippi river 
to the Gnlf of 'Mexico erected a cross upon its banks, hoisted 
the flag of France and took possession of the entire country 
in the name of his king, Louis XIV. He called the region 
Louisiana and the northern portion was called "the district 
of the Illinois. ' ' Attempts at settlements were made. Some 
ended in failure while others were partly successful. The 
French held the territory with little attempt at government. 
Ft. Chartres in Illinois was the residence of the chief authori- 
ties. The Mississippi was a French river and all the land 
from the Great Lakes to the Gulf was owned by the French. 

6. Spanish in Possession— The Spanish v/ere the 
second owners. In 1762 the king of France, hardpressed at 
home and in trouble abroad, presented, by a secret treaty, 
to his "much loved cousin," the king of Spain, his title to 
all the province of Louisiana. Six months later, by the 
treaty of Paris, he ceded to England all Canada and all the 
territory east of the great river exeept New Orleans, despite 
the fact that he had already given the territory to the king 
of Spain. Spain made no objection, however, and the Eng- 
lish flag came to the eastern bank of the Mississippi.* The 
Spanish divided into two parts what remained of Louisiana 

*The Missouris, lowas, Osages and Poncas were tribes of Indians 
along the Missouri and Mississippi rivers. 

*The flag never came west of the Mississippi, Missouri unlike 
th^ eastern states, was never under the rulership of England. 



OWNERSHIP OF THE LAND 121 

— tkat west of the Mississippi river — and gave the name 
Upper Louisiana to that which is now Missouri, and the 
northwest. The capital of the new district was fixed at St. 
Louis and go'od St. Ange de Bellerive,|| a Frenchman by- 
birth, became the first commandant. 

7. Indians at Peace — The Indians were usually friend- 
ly to the French settlers. They traded freely with each oth- 
er and there was little quarreling. Pontiac, "the last great 
Indian," a chieftain who united eighteen savage nations to 
do his will, was a firm friend of St. Ange. Fleeing before the 
advancing English, after struggling for years against 
them, Pontiac, walked, unattended, to St. Louis to visit his 
old friends. He was received with every distinction, enter- 
tained at the finest homes and treated royally. Months be- 
fore he, aided by the French, had defeated near Pittsburg, 
a British army, commanded by General Braddock and a 
young Virginian, named George Washington. Pontiac after 
his last visit to St. Louis returned to Illinois where he was 
murdered by an Indian hired by an English trader. St. 
Ange brought the body to St. Louis and buried it near the 
corner of what is now Fourth and Walnut streets. In the 
Southern Hotel is a bronze tablet placed there in memory of 
the brave Pontiac, the faithful friend of the French. 

8. Rule of the Spaniards — The Spanish held the land 
in ownership for forty years. Their rule was mild and easy- 
going. Don Pedro Piernas, the first lieutenant governor, 
acting subordinate to the governor-general at New Orleans, 
was a gentle and just man. Of his successors, Cruzat, Tru- 
ll Louis St. Ange de Bellerive was an excellent official, mild, 

judicious and liberal. Upon his death, in 1774, he was buried in the 
Catholic cemetery with every reward of respect. In his will, he com- 
mended his soul "to God, the blessed Virgin and the saints of the 
Cele§tiaJ Cgyrt" ?ind appointed jLaclede his executor. 



ii22 IN THiE COLONIAL DAlTS 

deau and De Lassus, followed in his footsteps.* They kept 
on good terms with the Indians, treated all men with equal 
justice before the law, and almost without officers of any 
kind, maintained in the wilderness a peaceful, prosperous 
and well administered government. There were no trials by 
jury. One judge decided all questions at dispute. During 
the whole Spanish ownership but one murder case was re- 
ported in St. Louis. 

9. Building of Towns— The early settlers held much 
in common. They built their towns usually on a river, a 
long street extending parallel to it. There were no farm- 
houses or separate farms. Each family was given as many 
acres of land as it could cultivate the land stretch- 
ing back from the river and the village. In a large field 
were cattle, hogs and horses — ^the property of all the village. 
There were no hotels. Each house was open free to the stran- 
ger. The settlements were closely built together for protec- 
tion and for social intercourse. Holidays were frequent. 
Games, parties, amusements of all kinds were indulged in by 
old and young. The houses were built of logs, with puncheon 
floors and chimneys of stone, wood and plaster. Hunting, 
fishing, trading in furs, with some agriculture and a little 
lead mining were the chief occupations. 

10. Conflict With the British — ^During the Revolution- 
ary war the British undertook to drive the Spanish from the 
Mississippi valley. The settlers in Missouri, French sub- 
jects of Spain, had little interest in the war of the Revolu- 

*There were six Spanish commandants or lieutenant governors ; 
Pedro Piernas, 1770 to 1775; Francisco Cruzat, 1775 to 1778; Fernan- 
do de Leyba, 1778 to 1780; Francisco Cruzat, again 1787 to 1792; 
Tenom Trudeau, 1792 to 1799; Carlos Dehault De Lassus, 1799 to 
1804. 



OWNEESHIP OF THE LAND 123 

tion except to sympathize with the Colonies. Gen. George 
Rogers Clarke, of Virginia, had captured British settlements 
in Illinois and offered to loan his force to defend St. Louis. 
Fernando De Leyba, the drunken French comm-ander, refus- 
ed, saying there was no danger. Late in 1780 the British, a 
fev/ whites and a large body of Indians, attacked the to^vn 
and were repulsed after some loss of life. DeLeyba, in an- 
ger, had turned the cannon of the fort upon some of the 
inhabitants ^vho had mistaken his orders. This made the 
people indignant and they requested his removal. He died 
within the m^onth a suicide. 

11. Immigration and Its Cause— Notable events during 
the Spanish rule were fev/. In 1785, "the year of the great 
water," floods did damage. In 1788 pirates who had infested 
the Mississippi river, near Grand Tower, were captured 
and disposed of. In 1787, the Shawnee and Delaware In- 
dians, moving from the east settled near Ste. Genevieve and 
Cape Girardeau and were hospitably received and honorably 
treated. The population of the district grew. In 1770 
there were 891 people in I\i'issouri, in 1800 there were 6,06-3. 
Of this number, 4,098 were whites, "197 free negroes and 883 
slaves. St. Charles nearly equaled St. Louis in population, 
while Ste. Genevieve exceeded it.^ The later immigration 
was largely English instead of French. Slave ov/ners, who 
could not settle in the Northwest Territory, which was frte 
soil, came where the law did not prevail. Othc^r settlers 
v/ere attracted by the liberal grants of land, the freedom 
from taxation and the freedom of religion. 

^Ey the census of 1799 Ste. Genevieve had a population of 949; 
St. Louis, 925; St. Charles, 875. 



PART II 
MISSOURI AS A TERRITORY 



CHAPTER 1. 
THE UNITED STATES COMES IKTO POSSESSION. 

12. Tlie United States the Owner— The United States 
of America in 1803 acquired the title to the territory of 
Louisiana. That which had at first been Indian lands, then 
under French, then under Spanish control, passed into the 
permanent possession of the young American republic. The 
Louisiana Purchase treaty was the document which gave the 
title to tte United States. How that treaty came to be made 
and what it contained form an interesting and important 
chapter in the history of Missouri. 

13. From Spain to France— In 1763 France had giv- 
en to Spain all the territory of Louisiana west of the Missis- 
sippi river and toward the eastward of the river, the city of 
New Orleans. Spain had governed the territory wisely but 
had never colonized it. Louisiana, though Spanish in gov- 
ernment, was always French in speech and spirit. Napoleon 
Bonaparte, in 1800, ruler of France, offered to establish the 
■on-in-law of the king of Spain upon the new throne of 
Etruria which he was about to set up, provided Spain would 
give Louisiana back to France. "Spain agreed. So on Oc=. 
tober 1, 1800, a treaty was signed between France and Spain 
which made France again owner of Louisiana. 

XI Trwi»f«r Becomes Known—It was intended to keep 



UNITED STATES COMES INTO POSSESSION 125 

the transfer a secret. Napoleon was at enmity with Eng- 
land. He feared, if England learned of the transfer, she 
would send troops from Canada and elsewhere and attack 
and capture Louisiana. Napoleon had so much at home to 
occupy him that he could not defend the distant colony. 
The transfer was not kept a secret, however. It soon be- 
came known both to Europe and America. In America the 
news created much discontent. 

15. Value of the G-reat River — ^The Mississippi river 

was the water way to the upper Louisiana country, to the 
Northwest Territory, to Kentucky and Tennessee and to all 
the valley. It was of the utmost importance to the settlers 
that the river should be open and free to travel* and com- 
merce. To have it in hostile hands would be to cripple the 
trade of the territory. The settlers feared nothing from the 
weak nation of Spain but they became restless when it waa 
learned that the powerful Napoleon had acquired it. 
Thomas Jefferson, president of the United States, under- 
took to settle the question by buying New Orleans and west 
Florida from France and securing the freedom of the river. 
To this end, he sent James Monroe, afterwards presidentj 
to Paris to act with Robert R. Livingston, then Americaa 
minister to France, in the purchase. 

16. Buy All Louisiana. — ^Instead of buying New Or- 
leans and west Florida the commissioners of the United 
States bought all the Louisiana Territory. Napoleon was in 
sore need of money. England objected to his ownership of 
the territory. He needed his soldiers in Europe. He wished 
to put the United States on friendly terms with Prance and 
at the same time, as he thought, injure England, his power- 
ful foe, by creating a great rival across the Atlantic 'ocean. 



126 MISSOURI AS A TERRITORY 

He proposed therefore, to sell all Louisiana rather than a 
•part. The American commissioners readily accepted the 
proposition, agreed to pay $15,000,000 and the congress of 
the United States ratified the purchase. 

17. Bscome American Citizens — The treaty settled the 
freedom of the great river. It did more. In one clause of 
the treaty, written by Napoleon himself, it declared that 

/'the inhabitants of the ceded territory shall be incorporated 
in the Union of the United States and admitted as soon as 
possible, according to the principles of the federal constitli- 
tion, to the enjoyment of all rights, advantages and immun- 
ities of citizens of the United States; and in the meantime 
they shall be maintained and protected in the free enjoy- 
ment of their liberty, property and the religion which they 
profess." This clause figured to a large extent in the dis- 
cussion of Missouri's admxission to the Union eighteen years 
later. The people had been subjects of Spain and France. 
They were to become citizens of the United States. 

18. Transfer of the Territory— The formal transfer 
from; France to the United States speedily followed the ac- 
tion of congress. No public transfer of the territory by 
Spain to France had been made. So the strange spectacle 
of the territory under three flags in a single day was to be 
seen. The ceremonies of transfer took place both at New 
Orleans and St. Louis. At St. Louis the Spanish com- 
mandant. Charles Dehault DeLassus, upon behalf of Spain, 
transferred to Capt. Amos Stoddard, of the United States 
arm-y, ce^mmissioned to represent France, the territory of 
upper Louisiana and hauled down the Spanish flag forever. 
Eor a few hours the flag of France floated upon the 
braeze again, Then Capt. Stoddard transferred upper Loi^n 



UNITED STATES COMES INTO POSSESSION 127 

isiaaa to the United States, hauled down the tri-color of 
France and hoisted the stars and stripes. , 

19. The Louisiana Purchase—The Louisiana Purchase 
territory, thus acquired, is over one million square miles in 
extent. It is the largest tract of land ever transferred in 
peace by one nation to another. From the Louisiana terri- 
tory have been made in whole or in part fourteen American 
states. At the time of the transfer, the district now the 
State of Missouri contained less than 10,000 white inhabi- 
tants. It is now the largest and most populous of all the 
states brought into the federal union through the purchase. 



P CHAPTER II. 

UNDER THE FIRST GOVERNOR. -'.x,. 

20. The First Governor— The first govemo' ^fse of 
new Territory of Louisiana was General James T ^^ ^^^* 
After Louisiana was ceded to the United States it w^a '"t?4 
ed* into the District (within a year called Territory) of "^ * 
isiana, which embraced Missouri, Iowa, Arkansas, Minneso- 
ta and all the northwest not claimed by Spain, and the Ter- 
ritory of Orleans now the state of Louisiana. The upptr ter- 
ritory was attached, for purposes of government, to the ter- 
ritory of Indiana of which William Henry Harrison, af- 
terward president of the United States, was governor. In 
1805, upon petition of the inhabitants, the Territory of 
Louisiana was separated from the Territory of Indiana. On 
the 4th of July, 1805, James "Wilkinson became the first 
territorial governor. , 

21. Territorial Government— In the petition to con- 
gress the inhabitants, through a paper written by 15 men, 
*' chosen by the free men of the district'* asked that Louisi- 
ana be made a territory of the second class. Congress made 
Louisiana a territory of the first, or lowest class. Thus was 
given to the^ territory a governor, a secretary and two 
judges, all appointed by the president. These officers con- 
stituted the entire territorial government, making, interpret- 
ing and executing the laws, subject only to the veto, seldom 
exercised, of congress. The people did not object to the ter- 

*0n the 26th of March, 1804. 



UNDER THE FIRST GOVERNOR 129 

ritorial classification. They did object, however, to the neg- 
lect of congress to pass land laws which were needed. 

22. Confusion in Land Titles— "Great confusion existed 
in ^ 'pect to the titles hy which the settlers held the land, 
ext*' ^janisli had made grants of land loosely. Even dur- 
pg^ ''le ])oriod after Louisiana had been transferred by 
tory ^ T^'rance and before it had been ceded to the United 
states. pain^ had given much land to settlers. Hence 
c:5+ ^ „yfc! disputes concerning the ownership of many farms 

^^j^illrge properties. Immigration was checked because 
nobody »vished to buy land when there was doubt as to the 
title. Congress was slow in passing any law on the subject. 
Finally, in 1812, congress passed a statute which gave title 
to tkc JMuds to those holding possession. This brought or- 
der out of confusion and quieted the unrest among the peo- 
ple. Immigration began again. For a time, mider Governor 
Wilkinson 'o rule, the territory prospered. 

23. Indicted but Acquitted — James Wilkinson was not 
long successful as governor of the territory. He was a brave 
soldier and the charges against his integrity have never been 
fuily proved. He made enemies, however, of many citi- 
zens. Wnile governor he speculated in land, using his offi- 
cial position to promote his private interests. He v/as in- 
dicted for conspiracy with Aaron Burr against the govern- 
ment of the United States. He was acquitted after a search- 
ii^g trial but the people of the territory never forgave him. 

24. Aaron Burr — The life of Aaron Burr is connected 
with tJie history of Missouri because of his association with 
the first territorial governor. Dr. Joseph Brown, the ter- 
ritorial secretary, was Burr's brother-in-law and Wilkin- 
son was his close friend. Burr was bitterly disap- 
pc^inted at his election ^s vice-president instead of 



130 MISSOURI AS A TERRIIORY 

of the United States. At the close of his term he came to 
the Southwest hoping to enlist sympathy for a project he 
had conceived to establish a new nation. He relied upon 
V/ilkinson and other friends in the territory to aid him but 
there is no absolute evidence upon the subject. Yfilkinson 
v^as the chief witness against Burr and sliowed by a letter 
written a year before the overthrow of Burr's plans that he 
had w.'^rned the government at Yi^ashington against Burr. 
Bolh were acquitted. The charges were not proven, 

25. During the First Years — Governor Wilkinson was 
rcmt»ved from office after having served two years. He 
had established his first territorial capital in St. Louis. 
The Fort of Belief ontaine, on the south bank of the Missou- 
ri river, a few miles above its mouth, had been built. Ex- 
ploring expeditions to discover and map and describe the 
country to the westward had been sent out. AA^ith Governor 
Yfilkinson were associated Frederick Bates, afterwards 
governor, as Secretary, and J. B. C. Lucas, R. J. Meigs and 
Otho Shrader as judges. 

26. Division of the Territory — The new territory or dis- 
trict had been divided into four military commands. These 
were St. Louis, St. Charles, Ste. Genevieve and Cape Girar- 
deau. Upon the organization of the territory and the courts 
therein the military commandants were superceded by the 
superior authority instituted, but the names of the com- 
mands were held in memory by being bestowed upon the 
counties. The system of organization begun in 1805 was 
continued, with changes in the offices, for years. 

27. Whence the Immigration — The immigration came 
no longer from France and Spain. From Virginia, Ken- 
tucky, Hlinois, Indiana, Ohio and Pennsylvania the English- 
speaking settlers flocked in. They were attracted by th§ 



UNDER THE FIRST GOVERNOR iSl 

stories told of the fertile fields, of large room and of free- 
dom. The Spanish and French had sought for rich mines, 
for fur trading and for adventure. The English looked for 
agriculture and for homesteads. There was never dispute 
or quarrel between the races. The few Spanish and the 
more numerous French mixed readily with the English who 
soon far out-numbered the pioneers of different blood. The 
territory was now more than ever American with English 
habits, English speech and English statutes. 



CHAPTER III. 
LIFE AJra LAWS OF THE PEOPLE. 

28. English and French — The English-speaking pio- 
neer differed from the French pioneer in life as well as in 
language. In nothing was this difference more manifest than 
in the building of homes. The Frenchman settled always 
in villages and his farm, if land largely held in common 
can be called a farm, came to the very edge of the village. 
His residence was in the village and he seldom tilled a field 
so far away that he could not at night join in the amuse- 
ments of the village. The Englishman, on the contrary, 
cleared a farm in the wilderness. He located as far from 
a village as the presence of the Indians would permit. He 
"never wished to live near enough to hear the bark of his 
neighbor's dog." With the French the village came first 
and then the farm. With the English, the farm came first 
and afterwarcj the village. 

29. Homes and Hospitality — The house of the English- 
man was constructed differently from that of his French 
neighbor. B-oth were log cabins, sometimes of one room, 
sometimes of two with a wide open way between. The 
Frenchman put his logs on end and fastened horizontal slats 
for walls. The Englishman, however, laid the logs for his 
house horizontally, notched them together at the ends and 
filled the spaces between with "chinking'' of mud or plas- 
ter. Hospitality was the rule. The door of the pioneer 



LIFE AND LAWS OF THE PEOPLE 133 

home was made of boards, swung on wooden hinges. It was 
fastened within by a latch. From the latch a string was 
hung through an opening in the door. *'The latch-string 
is always on the outside'* indicated the open-hearted wel- 
come. The cabins had windows without glass. A shutter 
or greased paper in a sash was used instead. A "Virginia 
rail fence" made an enclosure round the cabin. The chim- 
ney w^as partly of stone and a huge fire-place gave warmth. 

30. Food and Clothing — The food and clothing of the 
pioneer were products of the land. Bears, deer, turkey 
and small game were plentiful. Farm and garden furnished 
vegetables and from the corn came his bread. Skins of wild 
animals were made into rough but substantial garments and 
the loom in the cabin furnished homespun clothing. He 
had little money and little use for money. His wants were 
few and he could supply them with moderate ease. When 
he would buy anything at the village he could give lead or 
peltries. Barter, which is exchange or swapping, was com- 
moH. "Pins, needles, and coarse sheets of writing paper 
were used as money." Spanish silver dollars were the 
coin mostly seen. These were cut into small pieces known 
as "bits" for change.* 

31. Life of the Pioneer — The life was one of hardship 
and loneliness but of romance. Only men of courage make 
successful pioneers. Such were the Missourians who laid the 
foundations of the state. He was in peril of Indian attack. 
Beasts seized upon his cattle. He had few books and scarce- 
ly a newspaper. Schools were rare. Manners v/ere rough. 
But the pioneer was honest, brave, hospitable. He gave wel- 

*The phrase, "two bits" or 25 cents and "six bits" or 75 cents, 
originated from this time, 



134 Missouri as a territory 

come to every decent stranger. He was industrious, sober, 
lawabiding. '*An amiable and virtuous man" he is said to 
have been by a New England visitor of high reputation.] | 
The laws of the new territory were taken from the statute 
books of the older states. Pennsylvania, Indiana, Virginia 
and Kentucky gave suggestions to the law-makers. With 
the coming of the United States trial by jury was intro- 
duced. 

32. Provisions for Schools.— Attention was early paid 
to provision for schools. The first petition to congress, made 
September 29, 1805, asked that "funds be appropriated 
for the support and lands set apart for the building and 
maintaining of a French and English school in each county 
and for building of a seminary (or university) of learning 
where not only the French and English languages but like- 
v,dse the dead languages, mathematics, natural and moral 
])hilosophy and the principles of the constitution of the 
I'nited States should be taught." In 1812, largely through 
the labors of Thomas F. Riddick,* of St. Louis, congress, in 
confii*ming Spanish land grants set apart ''all lands not 
rightfully owned or claimed by private individuals" for the 
support of schools. The earliest Missourians believed in the 
training of the schoolmaster. 

JlRev. Timothy Flint, who travelled in the territory from i8i6 
to 1820. 

*Riddick was a Virg^inian by birth and one of the earliest im- 
migrants to Missouri. He was secretary of the board of land com- 
missioners and by virtue of his office, became cognizant of the fact 
that there was in each of the villages in the territory a number of 
lots for v/hich no legal owners could be found. At his suggestion the 
sentence quoted was inserted in the act. So interested was he in the 
measure that he made the trip on horseback from Sjt. Louis to Wash- 
ington at his own expense to urge its passage. It w\s owing to 
his exertions and those of Edward Hempstead, who then represented 
the territory in Congress, that it became a law. 



LIFE AND LAWS OF THE PEOPLE 135 

83. Trouble With Indians — The Lidians, who had held 
the lacd before the white man came, gave the pioneer trou- 
ble. They drove off stock, frightened the settlers and oc- 
cagionally committed murder. Along the borders of the 
settlements there Vvas frequent conflict. Pierre Choteau, in 
1808, made a treaty with the Osages by which they surrend- 
ered their lands east of Port Clark, which was on the Mis- 
souri river 35 miles east of the present Kansas line. This 
treaty, made with the chiefs of the tribe, was afterward 
protested against by other chiefs but v/as finally agreed to. 
This aided in promoting peace but it was not until 1824, 
three years after Missouri came into the Union, that the last 
Indian right was given up by purchase. Even long after 
that, in 1832, Black Hawk and a small but desperate band 
threatened in a mad raid northeastern Missouri. It was in 
this last Indian war on the borders of Missouri that Abra- 
ham Lincoln, as captain, and Jefferson Davis, as lieutenant, 
were engaged. 

34. Daniel Boone — Famous among the pioneers of Mis- 
souri was Daniel Boone. He was a fine type of the brave, 
hardy, adventurous backwoodsman. He was born in 1732 in 
Pennsylvania and moved with his family to North Carolina 
when he was 18 years old. After many adventures with In- 
dians in North Carolina he moved to Kentucky and aided in 
the settlement of that state. Here his life was spent in hunt- 
ing, in fighting the Indians, in being captured and in making 
his escape. He lost, because of defective title, the lands upon 
which he had settled. The loss disgusted him. Hearing of 
fertile lands in Missouri, he moved, upon invitation of De 
Lassus V7 est in 1794, settling in what is now Warren county. 
In his later years Boone was a justice of the peace under 



136 MISSOURI AS A TERRITORY 

appointment of the Spanish lieutenant governor. His ignor- 
ance of law, however, again lost him the lands upon which 
he made his home. He neglected to secure the proper signa- 
tures to the deeds to the land. After the country became 
part of the United States the title to a thousand acres was 
confirmed to him. Boone died on September 26, 1820, at 
the home of his son, Major Nathan Boone, in St. Charles 
county, in the first stone house ever built in Missouri. 



CHAPTER IV. 
EXPLORING THE WEST. 

35. Boubtiiig the West — Many eminent men of this 
day believed that the republic of the United States would 
not extend beyond the Alleghany mountains. They 
thought the western country a wilderness or desert unfit 
for human habitation. Others believed that the country 
would be divided into several nations as they thought it 
impossible for so large a territory, as that from the Atlantic 
Ocean to Louisiana, to be successful under one government. 
It was claimed by many that the amount of money, $15,- 
000,000, paid by the United States for Louisiana was too 
great. Surely they said, the wild land west of the Missis- 
sippi is not worth this sum. 

36. Lewis and Clark — The Lewis and Clark expedition 

was sent out by President Jefferson in 1804. It was to make 
answer to the criticisms and doubts. Meriwether Lewis* 
and William Clark, || officers in the United States army, 

*Merriw<^ther Lewis, a native of Charlottesville, Virginia, was 
born August i8, 1774. His eldest brother was a colonel in Washing- 
ton's army. He entered the army at the age of 20 years and soon rose 
to a captaincy. In 1801 he was made secretary to President Thomas 
Jefferson who said of him that he "Had undaunted courage, was as 
careful as a father and humane in all his actions." He died Oc- 
tober II, 1809, v/hile on his way to Washington, from the effects 
of a pistol shot fired by himself. A gray stone monument has been 
erected in Tennessee upon the wild spot in that state where he died. 

I [William Clark, originally a Virginian, was born August i, 
1770 and died in St. Louis, after a residence there of over thirty 
years, in September, 1838. He entered the army at the age of 18 
years and soon became lieutenant He was brave, honest and capa- 



138 MISSOURI AS A TERRITORY 

were at the head of the expedition. With them was a small 
party of less than thirty soldiers and servants. They start- 
ed from St. Louis on May 11, 1804, and went in boat up the 
Missouri river until they reached what they called the 
** Gates of the Rocky Mountains," a tremendous cleft in the 
rocks where the river bursts through. This point is over 
1200 miles from St. Louis and it took the explorers over a 
year to get to it. Making their way across the mountains, 
they floated down a great river to its mouth. A dense 
fog hid everything. When it lifted (November 7, 1805) 
they saw before them the Pacific Ocean. The great river 
was the Columbia, entered in 1792 from the Pacific by Capt. 
Robert Gray. 

37. The E!xpedition Returns — The next year Lewis 
and Clark returned to St. Louis, at which place they arrived 
on September 23, 1806. They had been absent nearly two 
years and a half and had travelled in all over 8,000 miles, in 
boats, on horseback and on foot. They were received with 
much enthusiasm by the people of St. Louis. Their adven- 
tures and the accounts of their explorations were heard 
with eager interest. The entire west joined in the welcome. 
Congress voted medals of honor to each of the persons who 
were in the party. Both Lewis and Clark became after- 
v/ards governor of the territory of Missouri. 

38. R/esult of the Expedition— The result of the ex- 
pedition was far-reaching. It showed the enormous values 
of the territory which had been acquired from France. 
When the extent, unlimited natural wealth and almost 

ble, discharging the duties of every office with fidelity. He was the 
eldest of six brothers, the four eldest of whom were distinguished 
officers in the Revolutionary War, George Rogers Clark being the 
most famous. 



JEXPLORING The west 139 

fabulous wonders of the Far West were described in the re- 
ports of the expedition, all criticism of the Louisiana Pur- 
chase ceased. The tide of immigration was turned to the 
new country. But the most important result of the expedi- 
tion was that it enabled the United States to claim the Ore- 
gon territory which Capt. Robert Gray had first entered but 
which Lewis and Clark first really explored. Few books 
of travel are so fascinating as the journals of this exploring 
expedition sent out by Thomas Jefferson. 

S9. Expedition of Pike— The expeditions of explora- 
tion under the leadership of Lieutenant, (afterward Gener- 
al) Z. M. Pike were equally important.* These expeditions 
in 1805, 1806 and 1807, went first to the sources of the Missis- 
sippi and second to the sources of the Arkansas, Platte and 
Kansas rivers. The journals kept by Lieutenant Pike 
were published in 1810 and adde-d large information rela- 
tive to a region that had been to this time almost an un- 
known land. Pike's Peak, in Colorado, and Pike county in 
Missouri are named for Lieutenant Pike. For years many 
people outside of Missouri knew only one county in this 
scate, the county of Pike, and called all Missourians Pikers. 

40. Governor of the Territory — ^J^Ieriwether Lewis was 
appointed by President Jefferson governor of the territory 
in 1807 and served until 1809. He became involved in finan- 
cial troubles and while under intense mental depression shot 
and killed himself. Capt. Lewis had suceeded James Wil- 

*General Pike was born in New Jersey. A soldier he supple- 
mented the deficiencies of his early education by diligent study in camp 
of Latin, French and mathematics. While leading an expedition 
against York (now Toronto) in the War of 1812 he was killed by 
an explosion April 27, 1813. 



140 MISSOURI AS A TERRITORY 

kinson as governor though in the time between the removal 
of Wilkinson and the appointment of Lewis, about a year, 
James Brown and afterward Frederick Bates, secretaries 
of the territory, filled the office as acting governor. 

*Brown afterward became United States Judge, United States 
Senator from Louisiana and minister to France. He died at Phila- 
delphia April 7, 1835, at the age of 80 years. 



CllAPTEiR V. 

THE NEW MADRID EARTHQUAKE. 

41. New Madrid Earthquake — The New Madrid earth- 
quake began on the night of December 16, 1811. The first 
shock was the most severe but other shocks followed and for 
two years the land was not free from the disturbance. The 
earthquake had its most serious outbreak in the United 
States in the region around New Madrid, a small town on 
the Mississippi in southern Missouri. It was general, how- 
ever, throughout half the world. In South America a city of 
10,000 inhabitants was destroyed. 

42. Strange Phenomena — The earthquake was preced- 
ed by strange atmospheric phenomena. These attracted lit- 
tle attention. The people were panic stricken when sudden- 
ly in the darkness of the night great chasms opened in the 
land, the Mississippi river was turned from its course, lakes 
were formed and other lakes disappeared and the entire sur- 
face of the earth was changed. At the second shock the 
land rose and rolled in waves and a dense purplish vapor 
which obscured the sun appeared. " Vast volumes of sand, 
lukewarm water and mud were thrown up to great heights. 
Fissures in the ground, deep and terrible, were made in a 
moment. For months the shocks continued but none with se- 
verity. Since the New Madrid earthquake Missouri has 
been free from such disturbances. 

43. Effect of Earthquake— The loss of life from ''The 
•Great Shake," as the people called the earthquake, was 



142 MISSOURI AS A TERRITORY 

small. The country was not thickly populated and the low, 
log houses were not easily overthrown. There was great 
damage to farms and other property. Much of the land was 
covered with water and has only recently been drained for 
cultivation. Crops and orchards were destroyed. Naviga- 
tion on the Mississippi became perilous. The pilots could 
only with difficulty find the new channel. The country wore 
a melancholy and ruined aspect. 

44. Kew Madrid Claims — Congress was asked to give 
relief to the settlers who had lost so much in the earthquake. 
It passed laws permitting owners of land in the earthquake 
district to locate the same amount of land elsewhere. Cer- 
tificates were given. Many of these certificates were sold 
at small prices to speculators. Some were forged. The 
new claims often conflicted with other land claims. The 
result was in many cases long continued law-suits over 
land titles. *'The New Madrid Claims, '^ as they were call- 
ed, afforded little relief to the sufferers from the earth- 
quake. 



CHAPTER YI. 
THE GROWTH OF THE TERRITOEY. 

45. The Territory of Missouri — The territory of Lou- 
isiana became, in 1812, the territory of Missouri. Before 
that time the region had been kno^vn, in turn, as a part of 
Louisiana, as the Illinois district, as upper Louisiana, as the 
district of Louisiana. In 1812 Congress, acting favorably 
upon the requests of the inhabitants, raised the territory to 
the third or highest class and called it for its chief river, 
Missouri. Benjamin Howard was the last governor of the 
old territory.* He resigned his office to become a brigadier- 
general in the United States army. His last act before his 
resignation v/as to issue a proclamation calling an election to 
choose officers of the new territory. Frederick Bates, sec- 
retary, acted as Governor until the appointment of William 
Clark, in 1813. 

46. Organization of the Territory — The inhabitants of 
the territory now, for the first time, had direct voice in 
the affairs of the government. Under the act of Congress, 
passed June 4, 1812^ Missouri territory was organized with 
a governor, a legislative council and a house of represent- 
atives. The governor was appointed by the president of the 
United States. Each of the five counties which composed 

*Benjamin Howard was born in Virginia about 1760. He died 
in St. Louis September 18, 1814. In early manhood he moved 
from Virginia to Kentucky and was a member of congress from 
1807 to 1810, when he resigned to become governor of upper Louis- 
iana, 



144 MlSSOUill AS A TiSHRITORt 

the territory elected members of the house of representatives. 
The legislative council was composed of nine men selected 
by the President from a list of eighteen chosen by the house 
of representatives. The council and house of representa- 
tives were the legislative or law-making body. The gover-. 
nor could veto or forbid any law they passed. A delegate 
to Congress was elected by all the people. He could speak 
in congress but had no vote. 

47. Five Counties — Cnpt. William Clark was the first 
p.nd only governor of the Territory of Missouri. He served 
until Missouri was admitted to the federal union as a state. 
Edward Hempstead was the first delegate to Congress. 
The five counties in the territory were St. Charles, St. Louis, 
Ste. Genevieve, Cape 'Girardeau and New Madrid. The num- 
ber had grown to 15 when the state came into the union. It 
is now 114 and the city of St. Louis. 

48. Territorial Legislation — ^The territorial legislature 
passed laws regulating weights and measures, creating coun- 
ty offices, establishing courts and county seats, providing 
for the punishment of criminals, regulating elections and 
forbidding Sabbath desecration. In 1816 the legislature 
I)assed a law to encourage the ''killing of wolves, panthers, 
and wild cats. '^ A rcAvard of five dollars was paid for the 
scalp of any animal killed. The law, with slight modifi- 
cations, remained for years on the statute books. Among 
the early acts of the legislature was one to charter the first 
bank in Missouri — the Bank of St. Louis. 

49. New Population — The population of the territory 
steadily increased. In 1810 it was about 20,000. In 1820 it 
was 66,000. Settlements mainly followed the Missouri riv- 
er westward. The first large permanent English settlement 



THE aHOWTH OF THE TERRITORY 145 

was made in the Boon's Lick country,* in Howard county, 
in 1810. Here came Capt. Benjamin Cooper, with one hun- 
dred families from Madison county, Kentucky ,and founded 
Franklin and other villages.* Howard — named for Gover- 
nor Benjamin Hov%^ard — soon became *'the mother of coun- 
ties." "With the close of the war in 1812 immigration grew 
larger. The new settlers came for the most part from Vir- 
ginia, Kentucky, Tennessee and North Carolina. 

50. Agriculture Chief— The occupation of the settlers 
v\^as still largely agricultural. They desired homesteads as 
had the earlier English-speaking pioneers. Lead-mining 
was engaged upon in southeastern Missouri to a consider- 
able extent. Hunting and trapping were made profitable 
by some. The country districts grew in larger proportion 
than the towns. Of the towns St. Louis became and con- 
tinued to be of the largest size and importance. It remain- 
ed the capital of the Territory. 

5/. First Steamboats — The coming of the steamboat 
brought the territory nearer to the outside world. The 
steamboat, New Orleans, first made the trip from Pittsburg 
to New Orleans. In 1817 the General Pike, an ungainly 
craft, landed at St. Louis. It was the first steamboat to as- 
cend the Mississippi river above the mouth of the Ohio. 
On May 25, 1819, the Independence, after a twelve days' 
journey from St. Louis, landed at Franklin on the Missouri. 
Soon steamboats became, familiar sights upon the great riv- 
ers and commerce increased accordingly. 

*Cailed by this name because sons of Daniel Boone went here 
for salt. , 

1 1 Coles Fort, near the present site of Boonville, was buHi at 
this time. • 



146 MlSSOtTRt AS A TERRITORY 

52. Life of the People — With increasing population 
and commerce, schools were established, first private schools 
and later, after Missouri became a state, public schools. The 
publication of a newspaper was begun in St. Louis in 1808, 
the Missouri Gazette, now the St. Louis Republic, the first 
newspaper west of the Mississippi. The log cabin com- 
menced to give away to a more commodious house of brick 
or stone. Roads were opened, more postoffices were estab- 
lished, the life in the territory became more like life in old- 
er states. 

53. Hard Times— Business depression followed close 
upon the tremendous growth. Speculation in land became 
common. Credit was the rule at the stores. Borrowing was 
general without thought of the time for payment. Finally 
the time for payment came. Money was scarce. The banks 
could not furnish the coin. The result was disastrous in 
the extreme. Nobody could sell land or farm products to 
pay debts, because nobody had money to buy. Many fail- 
ures in business resulted. The Territorial legislature tried 
to relieve the situation by issuing certificates which were 
to be used as money, but the courts decided the act of the 
legislature was unconstitutional . Relief came only after a 
time of strict economy and slowly. 



CHAPTER VII. 
ASKING ABRnSSION AS A STATE. 

54. Would Be a State — The Territory of Missouri, 
now grown to more than 70,000 population, asked Congress 
to be admitted to the union as a state. In 1818, the territor- 
ial legislature made request of congress. It was not until 
August 10, 1821, after long and turbulent struggle in con- 
gress, that the president of the United States, James 
]\f onroe, upon authority of Congress, issued the proclamation 
which brought Missouri into the federal union. The eon- 
test over the admission was the first occasion in which there 
had been serious division in congress upon sectional lines. 
The division grew and deepened until it burst into the 
flames of the Civil War. 

55, Issues Involved — The contest hinged upon the 
admission of Missouri as a slave or free state, that is, a state 
where slavery would be permitted or forbidden by law. 
The balance of powder between slave and free states had 
been nearly equal in the congress, there being now 10 free 
and 9 slave states. Now both Alabama and Missouri ap- 
plied for admission at the same time. It was argued by the 
free states, that should both be admitted as slave states 
the political ascendency would pass to the slave states and 
there would be 11 slave and only 10 free states. Alabama 
was to be slave territory because of a provision in the act 
by which Georgia ceded it and because of its geographical 
position. It was insisted that Mig^ouri must eome in, if it 



148 MISSOURI AS A TEHHITORY 

came at all, as a fi'ee state. In this way would the political, 
balance be undisputed, while slavery would be forbidden in 
the new state. Alabama was admitted as a slave state with- 
out protest and the battle came upon the admission of Mis- 
souri. 

« 

56. The Tallmadge Resolution — The first struggle in 
Congress v\^as over tlie Tallmadge resolution forbidding the 
further introduction of slavery as a condition of Missouri's 
admission. This was offered by Eepresentative Tdilmadge of 
New York as an amendment to the admission bill and 
brought on a bitter debate. Upon the one side it was said 
that congress had the power to prohibit slavery in the terri- 
tories; to impose any conditions it desired upon territories 
seeking admission as states; that admission was wholly in 
the power of congress ; and that slavery v/as a moral, politic- 
al and commercial evil that should not exist. On the other 
side, it was argued that the treaty with Napoleon by which 
the territory was ceded to the United States, guaranteed the 
inhabitants protection in the possession of their property 
and that slaves were property. It was arguCvl that con- 
gress had no constitutional power to impose conditions as 
to slavery upon states seeking admission and that it had 
never done so ; that, if imposed, the conditions were of no 
effect, because a state once admitted to the union could 
amend its constitution as it desired. It was held that the 
people of a state had a right to say for themselves whether 
or not they would permit slavery. It was conceded that 
Missouri would permit slavery if no restriction was imposed 
upon its admission. 

57. First Missouri Compromise— The first ''Missouri 
Compromise ' ' was the result of the long struggle. The Tall- 



ASKING ADMISSION AS A STATE 149 

madge amendment passed the house but was beaten in the 
senate. The two houses of Congress could not agree. The 
senate insisted that Missouri should be left to decide for it- 
self as to slavery, while the house was equally earnest that 
the territory should not be admitted except as a free state. 
Congress adjourned without action. Upon reassembling in 
December, 1819, the situation was made simple by the ap- 
plication of the territory of Maine for admission as a state. 
If Maine was admitted as a free state and Missouri as a 
state where slavery was not forbidden, the political bal- 
ance of power would remain the same. Then came the first 
Missouri Compromise. It was decided upon motion of Sen- 
ator J. B. Thomas of Illinois, to admit Maine as a free 
state, to permit Missouri to settle for itself the question of 
slavery and to provide that there should be no more sla- 
very north of the southern boundary of Missouri. This 
provision was afterv/ard declared unconstitutional by the 
supreme court of the United States. Congress passed, 
March 2, 1820, the admission bill with the Thomas amend- 
ment. It was supposed this ended the struggle and settled 
Missouri's admission as a state. But not so. 

58. Objections to Missouri Constitution — Missouri 
formed a state governm^ent accepting the congressional ac- 
tion as final. A state convention met in St. Louis, in June, 
1820, and framed a constitution, which was a most excellent 
document. It permitted slavery to exist but contained one 
provision, which did not meet the approval of congress and 
delayed the territory's admission. This provision stipulated 
that the legislature should enact a law ''to prevent free ne- 
gioes and mulattoes from coming to and settling in the 
state." It was contended by members of congress from the 



150 MISSOURI AS A TEtlRITOIlY 

north that this provision was in conflict with the clause of 
the federal constitution which guaranteed to the citizens of 
each state "the privileges and immunities of citizens in the 
several states." The members of congress from the south 
said that the supreme court should pass on the question 
whether the Missouri constitution was in conflict with the 
federal constitution, that such action was not necessary or 
proper by Congress. It was also insisted that it was an ab- 
surdity to argue that the laws of one state could decide the 
qualifications for citizens in other states. Upon the argu- 
ment the senate voted to admit Missouri and the house vot- 
ed against admission. 

59. Second Missouri Compromise. — The second Mis- 
souri Compromise, proposed by the eloquent Henry Clay of 
Kentucky, finally brought agreement between the two houses 
of Congress and determined favorably the admission of Mis- 
souri. The house, upon his motion, agreed to leave the pro- 
vision for the admission to a committee of 23 members from 
the House — one from each state — to act jointly with a com- 
mittee from the senate. This committee reported favorably 
a resolution admitting Missouri whenever the state legisla" 
ture passed a Solemn Public Act rejecting the clause in ref- 
erence to the exclusion of free negroes and mulattoes and 
that when this had been done, the president should proclaim 
the admission of the state. The report was adopted by Con- 
gress. 

60. Missouri Admitted — The Solemn Public Act was 
duly passed by the legislature of Missouri. The act first 
spoke of the absurdity of the demand of Congress, stated 
that if any provision of the state constitution was in con- 
flict with the federal constitution it was of itself null and 



ASKING ADMISSION AS A STaTE 151 

void ; but, ' ' to give to the world the most unequivocal proof 
of her desire to promote the peace aud harmony of the Un- 
ion" it ''solemnly and publicly declared" that no part *'of 
the constitution of this state shall ever be construed to au- 
thorize the passage of any law by which any citizen of eith- 
er of the United States shall be excluded from the enjoy- 
ment of any of the privileges and immunities to which such 
citizens are entitled under the constitution of the United 
States."* A copy of the solemn Public Act was sent to Pres- 
ident James Monroe. Upon receipt of the Act, President 
Monroe issued a proclamation, August 10, 1821, declaring 
Missouri admitted to the Union as a state. After a struggle 
for admission unparalleled in the history of any state the 
end had come. Thus August 10 became Missouri Day, the 
birthday of the State of Missouri. 

*"And, curiously enough, the articles of the constitution enumer- 
ated in the act of congress and the resolution of the legislature can 
not by aity human ingenuity be identified with the clauses excluding 
free negroes !" — Viles. 



PART III 
MISSOURI AS A STATE 



CHAPTER 1. 

UNDER THE FIRST GOVERNOR. 

61. The First Governor — The first governor of the new 
State of Missouri was Alexander McNair.* State officers 
had been chosen at an election held on August 28, 1820, 
though it was not until the year following that the state 
came formally into the Union. Missouri, therefore, had 
a state government a year before it was actually a state. 
The people had selected officers believing that Congress, 
after the first Missouri Compromise, would certainly at 
once admit the territory as a state. The delay did not af- 
fect the government. Alexander McNair, a native of Penn- 
sylvania, a man of high integrity and wide popularity, 
was chosen governor, defeating Governor Clark, who had 
been territorial governor for eight years. William H. Ash- 
ley, chief officer of the Missouri Flir Company, was chosen 
lieutenant-governor, || There were no party lines drawn. 
The contest was upon personal popularity. 

*McNair and his brother in Pennsylvania agreed that whosoever 
should defeat the other in a fair fist fight should become the owner of 
the family homestead. Mcl^feir lost and went west. He made St. Louis 
his home and soon becam^e rich. He was a colonel in the War of 
i8i2 and was Vvddely popular. He died in St. Louis in 1826. In the 
tax list of St. Louis for 181 1 there were assessed 19 "carriages for 
pleasure." McNair owned one. 

1 1 Ashley was a candidate in 1824 and again in 1836 for governor, 
but was defeated, each time by a majoritv of less than a thousand 
votes. He was choseu representative in Congress in- 18^6. 



UNDER THE FIRST GOVERNOR 153 

62. The First Legislature — The first legislature was 
composed of 14 senators and 43 representatives. It met on 
September 19, 1820, in St. Louis. It formed the new coun- 
ties. It fixed the state capital at St. Charles until 1826, 
when it was moved to Jefferson City. It elected three 
judges of the supreme court and two United States Senators. 
At its second session, St. Louis, now containing 4,500 inhab- 
itants, was chartered as a town with a mayor and nine al- 
dermen. Governor McNair, in a message to the legislature, 
urged ''the proper employment of the lead mines and the 
salt springs with v/hieh the state abounds" and also urged 
"the cultivation of tobacco as a means to increase the re- 
sources of the State." 

63. The State Capital — The constitution of the State 
fi.xed "the seat of government," that is the state capital, 
within 40 miles of the mouth of the Osage river. Commis- 
sioners were appointed to locate a site. After a weary exam- 
ination they made a selection of certain lands. Here they 
were directed by an act of legislature to lay off a town to 
be called "the City of Jefferson." The new town became 
the state capital. Since the state government, in lSi6, was 
removed there from St. Charles, it has remained so. At 
one time a strong movement was made to move the capital 
to Sedalia but the people at the general election in 1896 
voted against doing so.* 

64. Barton and Benton — Two United States Senators 
were chosen by the first legislature. These were David Bar- 
ton* and Thomas Hart Benton. || Barton, who was the most 

*But two families resided in Jefferson City when it was selected 
as the State Capitol. The first Capitol Building, a brick structure 
costing $25,000, was accidentally burned November 17, 1837. 

*David Barton was a native of Tennessee, had served as a^ sol- 
dier in the War of 1812, been judge of the circuit court and president 
of the convention that framed the state constitution. He was of en- 



iU MISSOURI ASIA StATii 

popular man in Missouri, was elected without opposition. 
The ballotting upon the second senator took several days. 
Barton's chief opponent was Judge J. B. C. Lucas, || father 
of Charles Lucas, whom Bentou had kilkd some months 
previous in a duel. Benton was finally chosen though after 
a personal appeal from Barton that he he selected. One 

ergetic personality and great intellectual strength. He was twice 
elected unanimously to the United States Senate. During his second 
term he sided with John Oiiincy Adams against Andrew Jackson. 
Jackson was a favorite in Missouri and the friendship of Barton 
for Adams drove him from public life. Senator Bartoi., toward the 
close of his life, became insane. He died at the age of 52 years, 
September 28, 1837, at the home of B. F. Gibson, near Boonville. 
The state erected a monument to his memory over his grave in 
Walnut Grove cemetery at Boonville. The old monument thus re- 
placed, now stands on the State University campus in Columbia. 

Thomas Hart Benton, the Great Missourian, as he loved to be 
called, was easily among the greatest, if not the very greatest of all 
Missouri statesmen. He was born in North Carolina March 14, 1782, 
and died in Washington, D. C., April 10, 1858. Upon the death of 
his father, the boy Benton moved to Tennessee. Here he served in 
the legislature. Immigrating to Missouri he established a newspaper, 
the Missouri Inquirer, in St. Louis, and began the practice of law. He 
served thirty years in the United States Senate where his command- 
ing intellect, superb courage, strict integrity, tenacious niemory, stu- 
dious manner and tremendous energy made him a leader, ranking 
with Clay, Calhoun and Webster. Irascible and egotistic he was in- 
volved in various quarrels and duels which caused him much personal 
sorrow and political opposition. A speech upon the financial ques- 
tion gave him the nickname of "Old Bullion." The socalled Jackson 
resolutions and his denunciation of them lost him his seat in the 
senate and his political power — long paramount in Missouri — which 
he never regained. He supported James Buchanan for president 
though his son-in-law. General John C. Fremont, was an opposing 
candidate. His wife, in 1844, suffered a stroke of paralysis which 
confined her to his home. From that time Benton never went to any 
place of festivity or amusemfent. Unlike many public men of his 
day, he never drank, smoked or gambled, saying that his mother 
wished it and he adhered to her wishes through life. 

1 1 Judge Lucas, a native of Pennsylvania, had held the chief 
justiceship of the highest court in the District of Louisiana by Jeffer- 
son's appointment. He also served as land commissioner, was a 
man of honor, industry and ability. He died in 1843. 



UNDEE THE t^IRSt GOVERISTOR 165 

member of the legislature was brought in on a sick-bed to 
vote for Benton. He died imm .^-diatoly after casting the 
vote. Barton served tvvo terms in the senate. Benton serv- 
ed for five terms or thirty years, a record long unequalled. 
He was the great Missourian of the young state and took 
rank with the strongest statesmen of the republic. 

65. Eiarly Statesmen. The men foremost in the foun- 
dations of the new state bear honored names. John Scott,* 
an able lawyer, was the first member of congress. After 
serving two terms he offended the people by supporting 
John Quincy Adams for president against Andrev/ Jackson, 
who was the popular choice — and was not re-elected. The 
first supremxC judges were Mathias McGirk, John D. Cook 
and John Rice Jones. All were fine jurists and were chos- 
en without regard to politics. Judge Jones had been pres- 
ident of the legislative council of the territory. He was the 
first English lawyer in St. Louis. Cook soon resigned. 
Jones died in 1824, while McGirk remained on the supreme 
bench until 1841. The first attorney-general was Rufus 
Easton, || who had been postmaster of St. Louis, delegate 
in Congress and territorial judge. He did more than any 
other person to expose the conspiracy of Aaron Burr. 

66. Dueling — The duel between Joshua Barton and T. 
C. Rector lent a bitterness to the politics of the day. Ac- 
cording to the code of honor, as it was called, any one who 

*John Scott was born in Virginia in 1782, and was of large ability 
and unblemished integrity. He was the delegate in congress from the 
Missouri territory for four years and then the first congressman. 
After retiring from politics he engaged in the practice of law and for 
forty years was a most successful lawyer, never again entering po- 
litical life. His home was at Ste. Genevieve. 

1 1 Rufus Easton was a native of Connecticut, had been a successful 
lawyer in New York and, upon becoming a resident of Missouri, 
soon took rank as its leading lawyer. He died in St. Charles in 1834 
at the age of seventy years. 



156 MISSOURI AS A STATE 

was insulted or thought he was insulted, was required to 
challenge the person who had insulted him to fight a duel. 
In an article w^hich appeared in the Republican (newspaper) 
at St. Louis in June, 1823, William Rector, United States 
surveyor, was accused of corruption in office, Mr. 
Rector being absent, his brother, Thomas C. Rector, chal- 
lenged the author of the article, Joshua Barton, to a duel. 
Barton, who was a brother of David Barton, United States 
Senator, was killed in the duel which followed. Ten years 
before had taken place the Benton-Lucas duel. It was not 
until in the forties that the wicked and senseless practice 
of duelling was so strongly condemned by public sentiment 
as to be entirely abolished. 

67. The Great Seal— The legislature in 1822 decided 
upon the state seal which the constitution had directed 
should be without change. This seal is known as *'The 
Great Seal of the State of Missouri" and is kept in the of- 
fice of the Secretary of State. It is stamped on all of the 
state's offi'Cial documents. The seal contains the noble Lat- 
in motto of the state, Salus Populi Supreme Lex Esto, which 
in English means "Let the welfare of the people be the 
supreme law." It bears the date, 1820,* and 23 small 
stars and one large star, Missouri being the 24th state to 
be admitted to the union. Two grizzly bears are on the 
shield and the words between "United we stand, divided we 
fall." The devices or emblems on the center shield are a 
grizzly bear, a crescent and the arms of the United States. 

68. The Santa Fe Trade— The Santa Fe trade was at 
this time a source of great profit. Oovemor McNair called 
attention to it in his last message to the legislature. This 

*This was the date that Missouri set up its state government, 
though it was not formally admitted to the federal unwn ^s a stat;.^ 
until August 10, 1831, 



tJNDEtl THE mnST GOVERNOR 157 

trade consisted of exchange between Missouri, St. Louis, 
Franklin, Independence, being the chief starting points, 
and Santa Fe, New Kexico, of furs, salt and other products 
of Missouri, for coffee, silver and wool. The goods were 
first carried across the country on the backs of mules and 
horses but afterward on wagons. Sometimes one train con- 
tained 50 large wagons, called "prairie schooners" and 
drawn by eight or ten horses, mules or oxen. The road was 
known as "the Santa Fe Trail." Much of the wealth of ear- 
ly Missourians came from the rich trade of "the Santa Fe 
Trail." 



CHAPTBBII. 

THE ADMmiETEATIONS OF aOVEENOSS BATES, 

WILLIAMS AKD MILLEE. 

69. Second, Third and Fourth Governors — The second 
governor of Missouri was Frederick Bates, former secretary 
and acting governor of the Missouri territory.* He was 
chosen at the election in August, 1824. At the same time 
Benjamin H. Reeves of Howard county, was chosen lieuten- 
ant-governor. Reeves soon resigned his office. After serv- 
ing less than a year Governor Bates died suddenly August 
1, 1825. This brought to the governorship the president 
pro tern of the State Senate, Abraham J. Williams, of Col- 
umbia, a merchant and farmer. || 'Governor Williams held 
the office onlj^ a few months — calling a special election to 
fill the vacancy. To succeed Williams, at the close of an 
exciting contest, General John Miller, of Cooper county, 
a hero of the War of 1812, was chosen the fourth governor 
of Missouri. Governor Miller was re-elected in 1828 and 

^Frederick Bates, born in Virginia in 1777, died August 4, 1825, 
haying served as governor less than a year. He had held office almost 
uninterruptedly since the age of twenty years. In 1808 he compiled 
and published the "Laws of the Territory of Louisiana," the first 
book printed in St. Louis. 

I [Williams was a bachelor, had a wooden leg and, for years, 
cobbled shoes. He held only the one oflice. He died in Columbia, 
December 30, 1839. He was the only president pro tern of the Senate 
who ever became governor, 

I I John Miller was colonel in the War of 1812, At Fort Meiga 
General Williani Henry Harrison held a qouncil of war to ask thj^ 



GOVERNORS BATES, WILLIAMS AND MILLER 159 

served seven years, the longest term of any of the state's 
governors. 

70. Lafayette Visits St. Louis — The distinguished 
Marquis de Lafayette, whose services on behalf of the colo- 
nists in the Revolutionary war, made him a hero to all 
Americans, visited the United States in 1825, accompanied 
by his son, ^George Washington Lafayette. He was for two 
da.ys the guest of St. Louis. Seldom has a more enthusias- 
tic reception been given any visitor. His visit was specially 
welcome in a city w^hich still numbered so many sons of 
France among its citizens. He was the guest of honor at a 
splendid banquet in the Mansion House, then the chief ho- 
tel. Lafayette was at this time 68 years old and active and 
strong. Returning to Washington during the session of 
Congress, he was conveyed to his home in the United 
'States steamer, Brandywine, named for the first battle for 
American independence in which Lafayette was engaged. 

71. — On Political lines — ^Political parties began to 
take shape in Missouri in 1828. Some persons preferred 
John Quincy Adams and Whig policies. Other persons 
prefeired Andrew Jackson and Democratic policies. The 
friends of Jackson and the friends of Adams each met at Jef- 
ferson City and nominated a ticket of three electors, who 
if successful would cast the state's vote for president. For 
representative in Congress there were three candidates, one 

officers v/hether they could take the fort. Colonel Miller made the 
famous reply "I'll try, sir." With 350 Americans against that num- 
ber of British, he stormed brilliantly the enemies batteries and cap- 
tured them. Ten months later James Miller made the same reply 
at Lundy's Lane. Governor Miller was born in Virginia, received 
only a common school education, edited a newspaper in Ohio and, 
after the War of 1812, was detailed as an officer in the army at St. 
Louis. He resigned his colonelcy in 1817 to tecome register of 
lands. He died at Florissant, March 18, 1846, 



160 MISSOURI AS A STATE 

Whig and two Democrats. The question was submitted to 
Senator Benton as to which of the two Democratic candi- 
dates should withdraw. He decided that Spencer Pettis 
should remain a candidate. The other Democrat withdrew. 
The fact was announced by handbills over the state — as 
there was no telegraph or telephone and few newspapers — 
and Pettis and the Jackson electors won. Miller had no 
opposition for re-election as governor. For lieutenant-gov- 
ernor after a close contest Daniel Dunklin, afterward gov- 
ernor, "the father of the public school system," was suc- 
cessful. 

72. To Abolish Slavery — ^]\Iissouri was a slave state 
but many citizens wished to bring about the gradual aboli- 
tion of slavery. A meeting of twenty of the prominent lead- 
ers of both political parties, among them Senator Benton, 
Democrat, and Senator Barton, "Whig, was held in 1828 and 
plans for gradual emacipation or setting free of the slaves 
was considered. The plan had good chance of success. It 
was to be held secret until the proper time and then both 
parties were to unite upon it. Just then, hov>^ever, the story 
was published through the state that a fanatical leader of 
the anti-slavery movement in New York had entertained 
negroes at his table and that the negroes had gone riding 
in a carriage with his daughters. The incident created 
such intense feeling that the members of the conference for 
gradual emancipation decided it would be impossible to car- 
ry out the plans and gave them up. 

73. The First VetO' — The barbarous practice of duel- 
ling received a severe blow during this adminstration. Spen- 
cer Pettis, just elected congressman, felt himself insulted 
by Major Biddle. The two engaged in a duel in which 



C^OVERNORS BATES, WILLIAMS AND MILLER 161 

both were killed. Some months previously the legislature 
had passed an act forbidding duelling and providing a 
whipping post as a penalty. Governor Bates vetoed the act 
taking strong grounds against duelling but disapproving 
of the whipping post as punishment. This is the first veto 
by any Missouri governor. Later another act passed the 
legislature which effectually stamped out duelling. 

74. The Black Hawk War— In the spring of 1832 the 
people of the state were much alarmed at the movements 
of Black Hawk and his Indians who had invaded, with fire 
and scalping-knife, the unprotected frontier settlements of 
Illinois. Governor Miller took prompt steps to prevent any 
Indian invasion of Missouri. Companies of mounted vol- 
unteers were raised and held in readiness. Fortunately 
there Vv^as no need of their active operations. Black Hawk 
was captured in Illinois, his savages scattered by United 
States troops and the last Indian war upon the frontiers of 
Missouri came to an end. 



CHAPTER III: 
THE ADMINISTRATIONS OF DUNKLIN AND BOGGS. 

75. Governor Dunklin — The fifth governor of Missou- 
ri was Daniel Dunklin, of Washington county, who be- 
cause of his ardent friendship for public education has been 
called the father of the common school system of Missouri.* 
He served from 1832 to 1836. He resigned his office a 
month before the expiration of the term for which he had 
been chosen in order to accept appointment as surveyor- 
general of Missouri, Illinois and Arkansas. As surve.yor- 
general he established the boundaries of several Missouri 
counties. Governor Dunklin was the Jackson or Democratic 
candidate. Dr. John Bull, of Howard county, afterward 
elected to Congress, was the an ti- Jackson or Whig can- 
didate. Lilburn W. Boggs of Jackson county, was chosen 
lieuten an t-go vemor. 

76. Railroad Building — About this time the people 
of Missouii began serious discussion of railroad building. 
Railroads had been built in the older states and the citizens 
of Missouri decided that railroads would be of great bene- 
fit to this state. In April, 1836, the first railroad conven- 
tion was held in St. Louis. Many distinguished Missourians 
were present. A memorial or petition to Congress was 
adopted asking aid to the construction of a railroad from 

♦Governor Dunklin was born in South Carolina. He served 
as member of the first constitutional! convention, He died August 
25, 1844, a^ed 55 years, 



ADMINISTRATIONS OF DUNKLIN AND BOGGS 163 

St. Louis to Jackson county — ^Kansas City was not then in 
existence — and of a railroad from St. Louis to Lafayette. 
James S. Rollins, Edward Bates and Hamilton R. -Gamble 
proposed the memorial to Congress, asking that a gift of 
government land to aid in building the railroads be made. 
It was, however, not until 1855, nearly twentj^ years after 
that a railroad was constructed as far west from St. Louis 
as Jefferson City and not until many years after that one 
was constructed entirely across the state. 

77. Widening the Breach — The Lovejoy incident, in 
1833-37, showed the feeling of the people of that day re- 
garding the slavery question. Rev. E. P. Lovejoy, a man of 
great ability, but small tact, began, upon his return from 
Princeton College in 1833, the publication of a newspaper 
devoted to the abolition of slavery. He used language that 
was very offensive to some of the eitizens of St. Louis. Af- 
ter two years' publication, he decided that further stay in 
St. Louis vrould be unsafe, so he announced that he would 
move to Illinois. Citizens who had taken offense at his bit- 
ter writings thereupon entered his office, WTecked his type 
and threw his printing press into the street. In Alton, to 
which place he moved, citizens of Illinois twice sacked his 
office and finally shot and killed him. His death angered 
the people of the north. They were indignant at slave- 
holders and slavery, though the death of Lovejoy took 
place in the free state of Illinois and not at the hand of 
Missouri. Such unfortunate incidents helped to widen the 
breach between the north and the south and led to the terri- 
ble Civil War. 

78. The Platte Purchase — The Platte Purchase, a most 
valuable tract of land, was add^d in 1836 to the State of 



164 MISSOURI AS A STATfe 

Missouri. This tract is of triangular shape and lies be- 
tween the Missouri river and a line drawn from Kansas 
City straight to the Iowa boundary. It embraces the coun- 
ties of Atchison, Andrew, Buchanan, Holt, Nodaway and 
Platte and is one of the richest sections of the State. Its 
addition to the state was difficult because Missouri was al- 
ready one of the largest states in the union, because the land 
was owned and occupied by the Sac and Fox Indians; and 
because to add it to this state the Missouri compromise 
must be altered in relation to slave territory. It will be re- 
called that by the compromise slavery had been forbidden 
north of the southern boundary of Missouri. All these diffi- 
culties were overcome largely through the personal popu- 
larity of Dr. Lewis F. Linn* and the great ability of Thomas 
H. Benton, then the United States senators from Missouri. 
Capt, William Clark, who since his retirement from the 
office of Territorial governor, had been superintendent of 
Indian affairs, made a treaty with the Sac and Fox Indians 
by which for $7,500 and 400 sections of land in northwest- 
ern Kansas, they agreed to sell the Platte district and 
move west. The land was then made a part of Missouri and 
is known as the Platte purchase. 

79. Governor Boggs — ^Upon the resignation of Daniel 
Dunklin as governor, the lieutenant-governor, Lilburn W. 

*Many have called Dr. Linn the most popular Missourian. He 
was born in Kentucky, in 1775, came to Ste. Genevieve in t8i6 and 
soon was the leading physician of that section. His unselfish care 
for the sick in the cholera epidemic of 1833 made him a popular 
idol. Upon the death of United States Senator Buckner of cholera 
in 1833, Governor Dunklin appointed Dr. Linn his successor. He 
was twice reelected. Upon his death the legislature of* three states, 
Missouri, Wisconsin and Iowa, voted to wear mourning for him. 
Missouri erected a monument to his memory. 



ADMINISTJIATIONS OF DUNKLIN AND BOGGS 165 

Boggs, succeeded him.* In 18:^6 at the general election the 
voters chose Governor Boggs to serve as governor for a full 
term. The vote was 60 per cent larger than in 1832. 
Boggs was the sixth governor of Missouri. His adminis- 
tration was filled with serious disturbance. The courage 
and promptness with which he dealt with the Mormon 
troubles won for him the ill will of the fanatical leaders of 
that sect. In consequence a Mormon shot him after his re- 
tirement from office. Fortunat^ely the wound inflicted, 
though dangerous, did not kill him. 

80. Mormons Cause Trouble — The Mormons had come 
to Missouri from New York. Their leader was Joseph 
Smith, an Ignorant and erratic youth, who professed to 
have revelation from God of a new religion. He claimed 
to have found plates of gold, with strange writing upon 
them, which told the early history of America and rules for 
the guidance of the faithful. From these plates he wrote 
the Book of Mormon which he said was of equal authority 
with the Bible. Smith made converts in New York and 
brought them with him to M,issouri where they located at 
Independence in Jackson county. They called all persona 
not Mormons, Gentiles and pronounced curses upon them. 
"Wonderful things were promised to all who joined against 
the Gentiles. Conflicts arose between the Mormons and 
Gentiles. Each tried to drive out the other. Finally the 
Gentiles were successful and drove the Mormons north of 
the Miissouri river into Clay, Carroll and Caldwell counties. 
Here many persons joined them. From the east came con* 

*Governor Boggs was a native of Kentucky, a soldier of the 
War of i8i2 and had been a trader in furs. After serving as gover- 
nor he moved to California where he held several important positions 
and where, on March 14, i860, at Napa, he died. 



166 MISSOtJRI AS A STATE 

verts who were prosperous, industrious and peaceful farm- 
ers, but with them came also many thieves. The Mormons 
began to build a great temple at Par West. Frequent con- 
flicts arose between them and their "Gentile" neighbors. 
Mormons stole from the Gentiles and other Mormons re- 
fused to permit their punishment. The people of the state 
were aroused against the Mormons. , 

81. The Mormon War — The first serious trouble was 
at DeWitt, in Carroll county. This town was on the Mis- 
souri river, a landing place for Far West, and prosperous. 
It was determined by the Gentile citizens to drive out the 
Mormons from DeWitt. They refused to go and only 
after a company of soldiers under Congreve Jackson, of 
Howard county, had assembled near by did the Mormons 
agree to leave. The Mormons were to pay for all cattle 
stolen, the Gentiles for the land of the Mormons and the 
l-lormons were to move to the Far West. .Even this did not 
satisfy the people of Missouri. They clamored for the ex- 
pulsion of the Mormons from the state. They said the 
Mormons were thieves and law-breakers. Finally Gover- 
or Boggs called out troops to enforce the laws. Generals 
John B. Clark and A. W. Doniphan were in command. 
The state troops, marching to Par West, were met by a 
small armed force of Mormons. In the skirmish that fol- 
lowed 18 Mormons were killed, some after they had surrend- 
ered. The state troops marched on to Far West where the 
Mormon leaders surrendered without a battle. They were 
to give up their leaders for trial and all others were to leave 
the state. 

82. Mormons Driven Out— The Mormon leaders were 



ADMlNISTJRATIONS OF DtTNKLIN AND BOGOS 167 

indicted for murder, robbery and other crimes. Joseph 
Smith and P. P. Pratt escaped by bribing the guard. The 
others were tried and acquitted. General Doniphan was 
their lawyer. The Mormons went first from Massouri to 
Illinois where they began another great temple. Here they 
became involved in trouble as in Missouri. Joseph Smith 
was killed by a mob. Brigham Young was elected his suc- 
cessor and the people of Illinois drove them from their state 
and they rem^oved to Utah, then a wilderness, where they 
have become numerous, prosperous and powerful. Their 
removal to the number of about 5000 from Missouri was 
accom^panied by much distress. A few remained, withdrew 
from the majority, organized the church of Latter Day 
Saints w^hich denounces polygamy. This church has a num- 
ber of congregations in Missouri. 

83. Seminole War — The Seminole War in 1837 was 

largely fought by volunteers from Missouri. The Semi- 
nole Indians in Florida proved too much for the regular 
army of the United States and President Jackson asked Sen- 
ator Benton if some M-issourians would go to fight the In- 
dians. Senator Benton said Missourians would go where- 
ever their services were needed. Missouri was the only 
state asked for volunteers. Col. Richard Gentry, of Col- 
umbia, raised a thousand volunteers, fought bravely at 
Okeechobee in Florida on Christmas day, 1837, and was 
killed while gallantly leading his regiment.* The Seminoles 
were subdued and the Missouri volunteers, being no longer 
needed, returned home in 1838. , 

84. Panic of 1837— •*' The panic of 1837" was felt in 

*The widow of Colonel Gentry was appointed pos*:mistress at 
Columbia — the first woman to hold this office in the United States. 



168 MISSOURI AS A STATE 

Missouri though not as seriously as in the older states. The 
panic was a period of business depression or hard times. 
There was a scarcity of money, confidence was a*t a low ebb, 
farm products could not be sold at fair prices. Banks fail- 
ed and many persons could not pay what they owned. It 
took this country several years to recover from the finan- 
cial distress. 

85. State University — ^In 1839 Missouri took the final 
step towards the location and establishment of a State Uni- 
versity or '* seminary of learning." Several counties con- 
tested for the location but the commissioners who had been 
selected to decide chose Columbia in Boone county. The 
people of Boone county, though numbering but a fev/ hun- 
dreds, gave $117,500 to secure the location in rolumbia of 
the University. One man (Edward Camplin) who could 
not read or write gave $3,000. The corner-stone of the first 
University building was laid on July 4, 1839. 



CHAPTER IV. 

THE ADMDnSTRATIONS OP REYNOLDS AND MAR- 

MADUKE. 

86. Campaign of 1840 — The presidential campaign of 
1840 attracted unusual interest. The Whig candidate was 
General William Henry Harrison, who had been governor of 
Indiana Territory when it included Missouri. He was call- 
ed ^'the hero of Tippecanoe. '* The Democratic candidate 
Vv^as Martin Van Buren. The campaign was known as the 
*'log cabin, coon and hard cider campaign.** At the mon- 
ster political meetings which were held the Whigs displayed 
miniature log-cabins, real coons and hard cider. The Dem- 
ocrats, followers of Andrew Jackson, ''Old Hickory,** had 
hickory boughs and game-cocks for political emblems. Van 
Buren was voted for by Missouri but Harrison was elected. 

87. Governor Rejmolds — The campaign in Missouri 
was a stirring one. The Whigs had never been so active. 
The enthusiasm of the national contest was felt through 
the state. In addition the Whig candidate for governor, 
Gen. John B. Clark, of Howard county, was one of the most 
persuasive political orators.* His opponent was also a res- 

*Gen. John B. Clark, a native of Kentucky, vsas one of the most 
successful of Missouri lawyers, particularly as an advocate before 
juries. He commanded a regiment of Missouri volunteer cavalry in 
the Black Hawk war and was commissiioned a major-general. He 
was a member of congress two years withdrawing to join the Con- 
federate arm^ in which he was brigadier-general. Disabled at the 



ifro Missouiii as a s'tate 

ident of Howard county, Thomas Reynolds, a lawyer of fine 
ability, who had been a supreme judge in Illinois before he 
came to reside in Missouri. || Reynolds was successful. As 
lieutenant-governor Meredith M. Marmaduke of Saline 
county, was elected. On February 9, 1844, Governor Rey- 
nolds, while suffering from insanity caused by domestic 
troubles, killed himself in his office at the capitol. Lieuten- 
ant-governor Marmaduke served the remainder of the term. 

88. Issues of the Campaign — The political campaign 
had for chief issue the hard times or business depression 
brought about by the panic of 1837. The Whigs claimed 
th3t this depression was due to the refusal of Andrew Jack- 
son, the Democratic president, to permit the continuance of 
the United States Bank. The Dem-ocrats claimed that the 
action of President Jackson did not cause the panic, but that 
it was brought about naturally by other causes, n()tal)ly 
wild speculation and extravagance. The people of jMissouri 
had believed in *'hard money, '^ that is gold and silver and 
as the Democratic party was then the special advocate of 
hard money, they supported it. 

89. Imprisonment for Debt — Grovernor Reynolds 

battle of Wilson's Creek, he was elected to the first confederate con- 
gress and afterwards senator. At the clo«;e of the war he resumed 
his law practice in Fayette where he died April 17, 1892. 

1 1 Reynolds had served as a member of the general assembly, 
speaker of the house of representatives, -md circuit yudge. The 
morning of his suicide he, for the first time in his life, asked divine 
blessing at the breakfast table. He left a note in which he said that 
"the abuse and slander of his enemies" had rendered life a burden 
to himself and prayed God to "forgive them and teach them more 
charity." 

*Governor Marmaduke died March 26, 1864. His son, John 
Sappington Marmaduke, was chosen in i^;S4, the 25th governor. This 
is the only instance where father and son have been j^overnors of 
Missouri. 



REYNOLDS AND MARMADUKE 171 

brought about the abolition in Missouri of imprisonment for 
debt. The act of the legislature which he wrote was one of 
the shortest ever made a law. It read: "Imprisonment for 
debt is hereby forever abolished." The old laws were hard 
on debtors. A creditor could have all the property of a 
debtor except $100 worth and then throw him in jail de- 
priving his family of the benefit of his toil. The law was us- 
ually invoked by the cruel and grasping creditors and was 
a special hardship upon the poor. No matter how small 
a debt a man owed or how willing and anxious he was to 
pay it an unmerciful creditor could send a sheriff and place 
him in jail. The same law existed in nearly all the old- 
or states. Missouri, thanks to Governor Reynolds, was one 
of the first to abolish it. 

80. The Honey War— In 1840, the boundary line be- 
tween Iowa and Missouri was finally settled. There had 
been difference of opinion between the officers in the two 
states as to the ov/nership of a strip of land about 20 miles 
wide. Instead of pursuing a sensible policy and seeking 
to settle the diff'erence by law, each state undertook to en- 
force its authority on the disputed strip. Finally troops 
were called out by both states. It looked like there would 
be war. The tract of land, mostlj^ covered by forest, was 
noted for wild bees and the dispute was called ''The Honey 
War." Seeing the folly of fighting, it was- agreed by both 
sides to stop war preparations until the national government 
could settle the boundary line. This was done. Each side 
was given part of the disputed strip and "the Honey War" 
ended.* 

91. Muster Day — Muster Day, which had been the 

*The boundary line 13 now marked by iron posts ten miles apart. 



172 MISSOURI AS A STATE 

great day in Missouri counties for twenty years, began to 
pass away about this time. The legislature, in 1825 had en- 
acted a militia law, by which all men between 18 and 45 
years were enrolled as state soldiers. All men of between 
these ages can be called on now for military service but the 
law was different in other ways. Under the old law all of 
military age were required to assemble on the first Sunday 
in April, organize into companies, elect officers, and be dril- 
led. This was "Muster Day" which soon came to be the 
great day in the county. In May and October were other 
drills. -Gorgeous uniforms were worn. The honor of elec- 
tion as militia officers was highly regarded. On Muster Day 
all the people came together as for a great picnic. Civil 
officers, preachers, teachers, millers and students were ex- 
cused from military service. Preachers could serve as 
chaplains. 

92. Flood of 1844. In 1844 the snows of the Rocky 
mountains and the excessive spring rains caused an unus- 
ual amount of water to come down the Missouri river. The 
result was ''the flood of 1844." Never before and never 
since has the ]V0ssouri river been so far out its banks. 
Much damage was done to growing crops, to farm lands and 
to orchards. Some small towns were washed away. 
Numerous lives were lost. There was great distress caused 
by the high water overflowing the Illinois towns opposite 
St. Louis. It was the middle of July before the water began 
to fall. 



CHAPTER V. 
THE ADMINISTRATIONS OF EDWABDS AND KING. 

93. Governor Edwards — ^John Cummings Edwards, 
cl' Cole county, tlie ninth governor of Missouri, defeated 
Charles H. Allen, supported by the Whigs and Independents. 
Edwards was the candidate of the faction of the democratic 
party which favored "hard" money, gold and silver, and 
wished the re-election of Benton to the United States Senate. 
These Democrats were called "Hards." The "Softs" were 
Democrats who favored a large issue of paper money and 
v/ere opposed to Benton's re-election. Edwards Vv^as inaug- 
urated Novembei 20, 1844.* James Young of Lafayette 
county, was lieutenant governor. 

94. New Constitution — Delegates chosen at the gener- 
al election in 1844 framed, in convention in 1845, a new con- 
stitution for the state. The constitution was an excellent 
instrument but was rejected by the people at the polls in 
1846, by a majority of 9000. The rejection was largely the 
result of the opposition of William Campbell and his news- 
paper, the New Era of St. Louis. Mr. Campbell was op- 
posed to the section of the constitution which changed the 

*Upon retiring from office Governor Edwards recommended an 
increase in the salary of governor, stating that even with that in- 
crease the office was not a desirable one. He made a sharp reply to 
the legislature when some executive expenses were inquired about. 
He was a Kentuckian by birth, practiced law but preferred farming. 
He died in Stockton, California, September 14, 1888, at the age of 
82 years. 



174 MISSOURI AS A STATE 

plan of the choice of supreme judges from appointment by 
the governor to election by the people. Though they re- 
jected the new constitution the people at the next election 
ratified an amendment to the old constitution, making the 
supreme judges elective. Missouri had no new consti- 
tution until 1865, the first constitution remaining iu force 
over 40 years. , 

95. Annexation of Texas— The annexation of Texas 
to the United States, which v/as effected by congress in 1846, 
was of special interest to Missouri. Texas had been largely 
settled by Missourians. Missourians, without authority 
from state or nation, had aided in establishing the Repub- 
lic of Texas and winning freedom from Mexico. On May 
13, 1846, congress announced, following the statement by 
Mexico that the annexation of Texas by the United States 
was the same as declaration of war — that a war had been be- 
gun with Mexico. Immediately Governor Edwards called 
for volunteers to join the "Army of the West,^' which un- 
der the command of Gen. Stephen Kearney, of Missouri, 
was about to march against Santa Fe and Northern Mexico. 
Quick was the response. Mounted volunteers quickly en- 
listed to the number of 1,000. Alexander Yf . Doniphan was 
chosen colonel and the expedition began its long march.* 

96. Doniphan's Expedition— The expedition is called 
for its wise, prudent and gallant colonel, Doniphan's Expe- 
dition. Never in the historj^ of the human race has been 

*Col. Doniphan was born in Kentucky where his father, a soldier 
in the Revolutionary War, taught that state's first school. Liberally 
educated, he was for years one of the most eminent lawyers in Mis- 
souri. He was six feet four inches tall an-^ of great personal influence. 
He served and took part in the convention of i860, where he was a 
vigorous supporter of union. He died at Richmond, August 8, 1887^^ 
aged 79 years, 



ADMINISTRATIONS OF EDWARDS AND KING 175 

made so bold an invasion, by so small a body of men, into the 
heart of an enemy's country, thus far from the base of 
supplies. Cut off from all support, . traveling over desert 
sands for days, 3,000 miles from home, they never made com- 
plaint. Santa Fe was reached in fifty days and was captur- 
ed without a struggle, the Mexican governor yielding pos- 
session as result of a bribe. General Kearney issued a proc- 
lamation declaring the city and the region round about to 
be now territory of the United States. He appointed of- 
ficers, ordered a code of laws drawn and then started to in- 
vade California. The day after his departure Col. Sterling 
Price, v/ho had resigned his seat in Congress to enlist in the 
army, arrived in Santa Fe at the head of a thousand Mis- 
sourians. 

97. The March to Mexico — Doniphan advanced to- 
ward central Mexico with 800 men. At Brazito they had 
their first encounter with the Mexicans, who were 1100 in 
number. ''The Mexican general summons your commander 
to appear before him," was ^he impudent message 
which the Mexicans, under cover of a black flag, delivered 
to Col. Doniphan. ''Come and take him,'* was the terse 
reply of the Missourian. The Mexican envoy reported to 
his leader. There was a trumpet blast and the Mexican 
troops charged. The Missourians waited until the Mexicans 
came within 60 paces. Then they fired upon and charged 
the foe. The Mexican general and 60 of his men were 
killed, a number made prisoners or wounded and the others 
fied. Eight of Doniphan's little band were wounded. None 
were killed. 

98. Principal Battle — The principal conflict in which 
the Missourians were engaged was in the Sacramento Pass^ 



1^6 MISSOURI AS A STATfi 

near the city of Chiliauhua, February 28, 1847. Doniphan 
had but 924 men. The Mexicans numbered 5,000 and wer<^ 
strongly intrenched. **How do you hope to wint" v^ms the 
inquiry of an officer. Doniphan gave him a look of sur- 
prise and said: **Why, we are Missourians. " The ofT.cer 
saluted and was silent. The battle lasted three hours and 
ended in a complete triumph for the Doniphan troops. 
Only one American was killed. The Mexicans lost 304 
killed, 40 prisoners and 500 wounded and captured. The 
next day Col. Doniphan took possession of the city of Oii- 
huahua, the object of the long march. His little band of 
brave soldiers returned by way of the Gulf of Mexico and 
the Mississippi river to Missouri where they were muster- 
ed out of service. 

99. Other Mssourians in the War — ^Colonel Sterling 
Price,* while in command at Santa Fe, was called upon to 
put down a dangerous revolt against the American author- 
ixy. .A-t Oranada, New Mexico, and again at the strongly 
fortified town of Tas in January and February, 1847, he 
fought desperate battles with much larger armies than his. 
Each time he was successful. This ended for a time the 
original revolt. Colonel Price and his Missourians were fre- 
quently called upon, however, later to maintain order. It 

♦Sterling Price, called by his soldiers affectionately "Old Pap 
Price," became governor in 1853, havinj? perved a term in Congress. 
In 1861 he was chosen chairman of the state convention, leaving the 
convention to enter the war where he served gallantly as a confed- 
erate general during the four years. After the surrender of the 
southern armies he went to Mexico whence he returned in 1866 to 
Missouri. He died on the 29th day of September, 1867, in St. Louis, 
aged 59 years. General Price was of marked ability as a soldier and 
citizen. He was a native of Virginia and for years was a merchant 
and hotel keeper at Keytesville. No man, except possibly lee and 
Jackson, more endeared himself to the people of the south by bril- 
liant services during the civil war. , 



ADMINISTRATIONS;OF EDWARDS AND KING 177 

was through the brilliant services of Kearney, Doniphan, 
and Price, all Missourians, and their Missouri troops that 
Ne^\ Mexico became a part of the United States. The Mex- 
ican War soon ended and the treaty of peace confirmed 
to this republic what the valor of the soldiers of Mis.-;ourJ 
hail won. 

100. Governor King — In 1848, Austin A. King, of Kay 
ounty, the Democratic candidate, was elected the te^ith 
governor of Missouri.* He defeated the AYhig nominee 
James S. Rollins, of Boone county. The vote of the slate 
was at this election over 83,000. The population, at the 
state census in 1845, was 511,000, an increase of about one- 
tjiird in five years. Missouri was rapidly becoming one of 
tiie more populous states of the Union. With King, was 
elected, as lieutenant-governor, Thomas L. Price, a Benton 
Democrat, of Cole county. 

101. The Jackson Resolutions — The so-called Jackson 
resolutions stirred the state in 1849. Slavery, never to be 
settled until it was abolished in the United States, becam«; 
again a burning issue. All of the new territory of New Mex- 

*Governor King v/as a lawyer, had served in the legislature 
from Boone county and afterward moved to Ray county. Here he 
was circuit judge when he v/as elected governor. He was a vigor- 
ous opponent of secession and in 1862 was elected by the Union 
party to congress where he served two years. He died April 22, 
1870, aged 69 years. He was a native of Tennessee, 

I [Major James S. Rollins has been called "the father of the State 
University," so large service did he render that institution as legis- 
lator, curator and citizen. He was a lawyer, an eloquent orator, 
served with distinction in the general assembly and in congress and 
was twice his party's candidate for governor, losing the election the 
second time by only 231 votes. He was the author of the bill for the 
construction of a railroad from the Missouri river to the Pacific 
coast. Though a large slave owner, he voted to abolish slavery. He 
died in 1889 at his home in Columbia, aged 76 years. Few Missourians 
have exercised wider or more important influence, 



178 MISSOURI AS A STATE 

ico and part of California lay south of the southern boun- 
.Tiiry of Missouri, north of which boundary slever}^ was not 
to be permitted under the Missouri Compromise. Should 
slavery then be permitted in New Mexico and southern Cal- 
ifornia Slavery had never existed there. The North con- 
tended it should not be. The South insisted it should be. 
]\Ian.y Missourians said the question should be left to the de- 
cision of the territories. It was the sentiment of these Mis- 
sourians which the Jackson rcEolutions expressed. 

102. What the Resolutions Said— -The resolutions were 
ealle.i the Jackson resolutions because they were presented 
in the Missouri senate by a committee 'of which Claiborne 
F. Jnckson, afterward governor, was chairman.* The reso- 
lutions were adopted by large majorities in both senate and 
hoase of representatives. The resolutions expressed the 
opinion that congress had no povfer to make laws on the 
subject of slavery, that citizens of any state should be peT- 
mitted to enter any territory with their property which 
included slaves, that no action of the northern states had 
released the southern states from the Missouri Comprom- 
ise, but for the sake of harmony and the union, it would be 
best to hold to the principles of the Compromise, that the 
right to prohibit slavery in any territory belonged exclus'.ve- 
ly to Ihe inhabitants of the territory and that if congress 
passed any act in conflict with these principles *' Missouri 
will cooperate with the slave-holding states for our mutual 
protectich against the encroachments of northern fanati- 
cism." The sixth resolution instructed Benton and Ate^ii- 
son, United States senators from Missouri, to vote in ac- 

*The author of the resolutions was Wilham B. Napton, of Saline 
county, afterwards member of the Supreme court, , 



ADMINISTRATIONS OF EDWARDS AND KING 179 

eordance with these resolutions. Atchison so voted but 
Benton refused and appealed to the people.* 

103. Benton's Position — In the campaign that follow- 
ed, Benton, who never compromised and never retreated, 
made a pov/erful struggle for the endorsem^ent of the state. 
He claimed slavery was an '* incurable evil" and its exten- 
sion should not be permitted. He called the Jackson reso- 
lutions treasonable and vigorously denounced their au- 
thors. Some M'issourians who were as much opposed as Ben- 
ton was to slavery yet agreed with the sentimxCnt of the 
resolutions, that it v\'as a matter which each territory should 
settle for itself. Benton declined to accept this doctrine. He 
gave the resolutions a meaning which fev7 or none who sup- 
ported them believed was the proper m^eaning. He said they 
meant "disunion and secession." The Democrats were di- 
vided upon the issue of Benton's re-election. When the 
general assembly met he was beaten. After 30 years or 
political power, during m.ost of which time he had been ab- 
solute autocrat of the politics of the state, he was defeated. 
Henry S. Geyer, a Whig, was his successor. Benton never 
regained his political power. He was elected to' the federal 
house of representatives one time but held no other office. 

104. Internal Improvements — During this period the 
state began a liberal policy of internal improvements. The 
samxC legislature which passed the Jackson resolutions au- 
thorized the construction of the Missouri Pacific Railroad 
and gave it aid. Construction began in July, 1850. Soon 
the ether railroads asked aid from the State treasury. The 
St. Louis and San Francisco, the Iron Mountain, the North 

*David R. Atchison, born in Frogtown, Kentucky, in 1807, served 
as United States Senator for twelve years. He was president pro tern 
of the senate and prominent in the Kansas-Nebraska legislation 



180 MISSOURI AS A STATE 

Missouri (or Wabash), the Hannibal & St. Joseph and other 
railroads were aided. Over $23,000,000 in state bonds and 
about 1,800,000' acres of land were given these roads. The 
interest on the bonds which the railroads agreed to pay was 
never paid. 



CHAPTER VI. 



THE ADMINISTS-ATIONB OF PRICE, POLK AND 

STEWART. 

105. Governor Price^ — The eleventh governor of Mis- 
souri, Sterling Price, afterwards genei'al of the Confederate 
army, was chosen at the election of 1856. Price was a Dem- 
ocrat. His Whig opponent was James "Winston, of Benton 
county, a grandson of Patrick Henry. Wilson Brown, of 
Cnpe G'-rardeau county, was elected lieutenant-governor. 

i06. Jackson Reaolutions on Issues — The discussions 
in the legislature and throughout the state upon the subject 
of slavery jirrew more bitter. The Jackson resolutions had 
not been forgotten. They were attacked by the Whigs and 
the anti-slavery Democrats and defended by the pro-slavery 
Democrats and by those Independents who held to the theo- 
ry that slavery was a question for each state or territory 
to settle for itself. The Jackson resolutions were made an 
issue in eveiy political contest and in nearly every legisla- 
tive discussion. The shadow of the coming terrible civil 
war set med to have been east upon the state. 

107. Kansas-Nebraska Trouble — The discussion was 
made more intense by the trouble which came over the atl- 
mission of the territory of Kansas to the Union as a state. 
The Missouri Compromise had not been repealed by con- 
gress. Some persons held that it had been virtually set 
abide, however, when Congress in 1854, passed a law admit- 



182 MISSOURI AS A STATE 

tioj^ Kansas and Nebraska as states and giving to the set- 
tlers of each territory the right to say whether the new 
state nhonld be free soil or slave soil. This was called 
"equattcr sovereignty *\ Here began the border troubles 
betwjon Missouri and Kansas which resulted in so much 
outrage, bloodshed and murder. 

108. Kansas Settlement — It was concluded that Ne- 
braska wo^ild be a free soil state. Kansas was the western 
neighbor of Missouri. It was partly settled at first by Mis- 
Bounans. Missourians generally felt that Kansas should 
be a slave soil state. Therefore they took prompt meas- 
ures to help the Kansans to decide the question. Missou- 
rians in numbers moved into the territory of Kansas. Some 
went to make their homes. Others went merely to vote 
at the election which was to decide the question of slavery. 
The opponents of slavery were not idle. They, too, sent set- 
tlers into Kansas to influence the decision. These came 
largely from Massachusetts, where societies were organized 
to send men to Kansas. The bands sent appeared more like 
armed troops than actual settlers. The friends and foes of 
slavery were soon engaged in conflicts. 

109. Border Warfare — The Massachusetts emigrant 
aid societies were met by the organization of Blue Lodges 
on the western border of Missouri. Neither side was 
careful as to the methods. The first election resulted in 
a victory for the slave soil party. || The election was de- 
clared illegal because it was said that men had voted who 
had no right to vote. Another election was held at which 
the free soil party won. Then Kansas came into the Union as 
a free state. The contest between the two parties was so 



PRICE, POLK, AND STEWAP.T 183 

fierce that it soon became actual civil war. John Brown was 
one of the noted leaders of the free soil party. He went to 
Kansas with his sons and organized a band of armed 
men to bring Kansas in as a free state. In a battle with pro- 
slavery men at Ossawatomie, Kansas, several were killed. 
Blown and his sons were accused later of murder and com- 
pelled to flee from the territory.* 

110. Terrible Result — The civil strife was an excuse 
for horsethieves and evil doers of all kinds. I^Iany on both 
sides were honest advocates of their cause. Others were 
scoundrels using the cause as a pretext for their villainy. 
The outlaws of the free soil men were called Jayhawkers. 
The outlaws of the slave soil men were called border ruffians 
or guerillas. Jayhawker is still a nickname for a Kansan, 
but it has lost the sting that it had during the border war- 
fare. The outrages committed were numerous and without 
excuse. *' Houses were burned, stock driven away and peo- 
ple murdered. Every person who had a grudge against 
another took advantage of the distracted times to satisfy 
it." This terrible state of affairs continued until and dur- 
ing the civil war. In 1860 the desperate James Montgom- 
ery led a band of Jayhawkers into Missouri, broke up a 
United States court, drove away its officers aad killed a 
peaceful citizen. Governor Stewart sent 650 militia under 
General D. M. Frost to protect the border but found the 
United States troops had arrived first. Montgomery and 
his band fled. The memory of these awful days is yet bit- 
ter to Missourians. 

*Brown was convicted of treason and hanged in Virginia, De- 
cember 1 6, 1859. He had previously attacked and captured the 
United States arsenal at Harpers' Ferry with a view to organizing 
a revolt of slaves against their masters in Virginia. 



184 MISSOURI AS A STATE 

111. Governor Polk — The twelfth governor of M ssou- 
ri was chosen at the election in 1856. Three candidates 
were voted for : Trusten Polk, Democrat ; Robert G. E^ing, 
American or Know Nothing; and Thomas IT. Benton, In- 
dependent. Polk was elected.* Two years before the leg- 
islature had voted for daj^s and not elected a United States 
Senator. The legislature chosen in 1855 elected James S. 
Green,! I an eloquent orator, 'Hhe whirlwind of secession." 
Hancock Jackson of Randolph county was elected lieuten- 
ant-governor at the same time that Trusten Polk was chosen 
governor.* Polk resigned his office to accept the United 
States senatorship to which the legislature chose him. 
Jackson, the lieutenant-governor, succeeded him and was 
the 13th governor of Missouri. , 

112. Governor Stewart — In 1856 the state elected 
Robert M. Stewart, the builder of the Hannibal & St. Joseph 
raih'oad, governor. || The contest was one of the hardest 
fought in the political history of Missouri. Stewart was a 

*Trusten Polk as a youth wished for the ministry, but was per- 
suaded to study law in the practice of which profession he won dis- 
tircticn. He was expelled from the senate in i86i because he had 
joined the confederate army. He was born in Delaware May 20. 181 1 
and died suddenly on Easter morning, April 16, 1876, in St. Louis. 

1 1 Green was among the state's most brilliant debate^rs. He had 
just been elected representative when chosen senator. Green was 
born in Virginia, February 28, 181 7, and died in St. Louis January 9, 
1872. He was defeated for reelection in 1861 by Waldo P. Johnson, 
because he was thought to favor secession. Yet Green did not raise 
his voice for the south, while Johnson resigned his seat in the senate 
to enter the confederate army. 

*Jackson served only until August, 1856, less than a year, when 
at a special election Robert M. Stewart was chosen his successor. 
Governor Jackson was a candidate for governor on the Breckinridge 
ticket in i860, but was beaten. He died in Salem, Oregon, March 
10, 1876. 

1 1 Governor Stewart was a bachelor, a man of indomitable energy, 
though crippled by rheumatism. He servv^d in the constitutional con- 



PRICE, POLK, AND STEWA]IT 185 

Democrat. He defeated his Whig opponent, James S. Rol- 
lins, of Boone county, only 231 votes. Under Stewart's 
administration the Kansas border troubles continued. The 
building of new railroads and of plank roads was aided. 
The state was prosperous. Yet the shadow of the coming 
civil strife appeared to deepen. 

113. Tli3 Dred Scott Decision — The famous ''Dred 
Scott decision" was rendered by the United States Supreme 
Court in 1857. Dred Scott was a negro slave in St. Louis. 
He was taken by his master, a surgeon in the United States 
army to Illinois and afterwards to Minnesota where he re- 
sided with his master several years. Finally he was brought 
back to St. Louis. Here he sued for his freedom on the 
ground of involuntary residence in a free state and terri- 
tory for several j^ears. The local court in Missouri decid- 
ed in his favor. The United States supreme court decided 
sgainst him. It was in this decision made by Chief Justice 
Roger B. Taney that the ]\!]issouri Compromise was held to 
be ''unconstitutional; null and void." The decision 
alarmed the opponents of slavery and made even more bitter 
the feeling between north and south. 

114. The Growth of The State — Missouri had gro^^Ti. 
largely in the last few years. It had risen in the ten years 
from 1850 to 1860 from the 13th to 8th in rank of the states 
of the union. Manufacturing had increased but agriculture 
continued to be the chief support of the people. The coming 
of the railroads had brought better markets. Geological sur- 
veys had shown how great was the mineral wealth. Over 
half a million settlers had come to the state in the last ten 

vcntion of 1845 and in the state senate before his election as governor. 
After leaving the office of governor, he became editor of the St. Joseph 
Journal. He was born in New York. He died in St. Joseph, Sep- 
tember 25, 1871. .._ , . 



186 MISSOURI AS A STATE 

years to make homes. Among these were many Irish and 
German, the first foreign settlers in Missouri in any num- 
bers. The Germans now numbered 88,000 and the Irish 
43,000. A potato famine in Ireland and civil war in Ger- 
many had driven many of their population to seek homes 
across the waters. The foreign immgrants were strong, 
intelligent and thrifty and aided in making the great future 
of Missouri. With the growth of commerce and manufacture 
and the increase of means of transportation Missouri had 
lost entirely its pioneer traits. It was no longer on the 
frontier. 

114. Political Parties^ — After the election in 1860 
the Republican party made its first appearance in Missouri 
politics. James Gardenhire was the first Republican nomi- 
nee for governor. Claiborne F. Jackson, of Saline county, 
was the Democratic candidate, while Sample Orr was the 
American or ''Know Nothing" party. Jackson was 
elected. The Democratic party split upon the national 
ticket. The faction opposed to secession aiid to the inter- 
ference of the federal government with state affairs, nom- 
inated Stephen A. Douglass, of Illinois, for president. John 
C. Breckenridge, of Kentucky, was the nominee of the 
states rights faction. Douglass carried Missouri by less 
than 500 votes. The Republican candidate for president, 
Abraham Lincoln, was elected. 

^Claiborne F. Jackson had emigrated to Missouri from Kentucky 
in 1822 and had served as captain of a company in the Black Hawk 
War. He was twelve years a member of the legislature, one term 
speaker, was one of the originators of the Missouri banking system. 
Sympathizing with the south, he sought to r'raw Missouri into seces- 
sion. Thus feeling, he left the office of governor to join the Confed- 
erate army as brigadier general. He died nt Little Rock, Arkansas, 
December 6, 1862, aged 55 years. 

Thomas C. Reynolds succeeded him as governor, disputing the 
right of Gamble to serve, Reynolds appointed members from ^Mis- 
souri to the Confederate congress, but exercised little real aiithority. 



CHAPTER VII. 
TEE STATE DECIDES AGAINST SECESSION 

115. Convention Called — We will call a convention. 
This was the decision of the legislature of Missouri when 
it met in December, 1860. We v/ill let that convention de- 
cide what is best. But so that there may be no rash action 
we will say in the call for the convention that any act 
which changes the relations of Missouri with the govern- 
ment of the United States must be adopted hy a majority of 
the voters before it is decided. This was done and the con- 
vention was called. Nearly every member of the legislature 
voted to call it. Those vv'ho believed in secession thought 
the state would certainly decide for secession. Other men 
were doubtful. 

116. Secession or Not — The old party lines had been 
largely wiped out in the new and strange issues. Men did 
not talk so much about slavery. All m^inor questions were 
laid aside. The union was the chief topic. There were 
three parties on the new issues. One was the Secessionists. 
They believed that separation had been brought about by 
the acts of the north and the acts of the south. Then it is 
Missouri's duty they said to go with her kinspeople of the 
south. The second party was extreme against secession. 
They declared that they were for the union no matter what 
any state did. This party was called Unconditional Union. 
Between these two extreme views was that held by the third 



188 MISSOURI AS A STATE 

party, the Conditional Union. They v/ere for the union if 
the United States did not use force to bring back the seced- 
ing states. They plead for the union, v/ere opposed to se- 
cession, but were equally opposed to coercion of the south. 
The Missouri Republican, then edited by the able Nathaniel 
Paschall, lent the weight of its great influence to the Con- 
ditional Unionists. 

117. Majority for Ulnion— -The Unionists won. At the 
election on February 18, 1861, for members of the conven- 
tion, not a single Secessionist vvas chosen. Of the 99 mem- 
bers fourfifths were Conditional Unionists and the others 
unconditionally for the Union. Few stronger bodies of 
men have assembled in Missouri. To it the people had sent 
some of their ablest representatives. "What it would do 
upon the important ciuestions of the hour was of deep in- 
terest. That it v/ould declare against secession was knovvm 
before the convention met. The majority for union at the 
election had been 80,000. . ., . i :;k! 

118. MisBOiiri Declines to Beeede — The convention was 
not slow in making known its views. It assembled on the 
28th of February, 1861, at Jefferson City. Sterling Price, 
former governor and afterward confederate general, was 
chosen president. He was a Conditional Unionist. 'Soon af- 
ter organization the convention adjourned to meet in St. 
Louis on March 4. Its mxcmbers had been chosen on the day 
that Jefferson Davis was inaugurated president of the Con- 
federate States. It was in St. Louis on the day that Abra- 
ham Lincoln was inaugurated president of the United 
States. On the 9th of March it adopted resolutions submit^ 
ted by a committee of which Hamilton R. 'Gamble,* after- 

^Hamilton R. Gamble, the war-governor, was born in Virginia 
in 1798. In St. Louis, where he came as a young man, he took rank 



STATE DECIDES AGAINST SECESSION 189 

wards governor, was chairman, declaring" that secession by 
Missouri was not demanded. "The true position," said 
the report, "for Missouri to assume is that of a state whose 
interests are bound up in the maintenance of the Union and 
whose kind feelings and strong sympathies are with the 
people of the southern states with whom we are connected 
by the ties of friendship and blood." Thus Missouri declar- 
ed it would remain in the union. 

119. Opposed to War—The state was not ready, hov7- 
ever, to say it would "furnish men or money to aid the fed- 
eral government in forcing the seceding states back into the 
Union." The convention declared if such force was used, 
it meant war and "earnestly entreated" both sides to stay 
"the hand of war." Let us settle the differences like broth- 
ers should do. But if Congress and the president decide for 
force then would Missouri, remaining in the Union, refuse 
to give aid? The convention debated this question with 
vigor. Men v/ere opposed to the use of force who after- 
v/ards advocated and employed it. Men's views were quick- 
ly changed by the rapid march of great events. But the 
convention refused to say it would not favor the use of 
force and stopped at that. 

120. Convention Adjourns— The convention on the 
22nd of March, 1861, adjourned. It appointed an execu- 
tive committee with power to call it together at any time. 
This committee did call the convention together and it re- 
mained in existence until 1864. Of its original membership 

as one of the ablest lawyers. After a time in the legislature he held 
the position of chief justice of the Supreme court. He opposed se- 
cession, thought unconstitutional the proclamation of President Lincoln 
calling for troops and strongly favored emancipation. He was one of 
the great figures of civil war dliys. , 



190 MISSOURI AS A STATE 

53 were natives of Virginia and Kentucky and 13 were from 
the north. The action of the convention reflected the 
v/ishes of the majority of the people of Missouri, who were 
at this time opposed to secession and equally opposed to 
war between the states. 

121. Against Secession — ^Other incidents showed the 
public sentiment. Early in January a commissioner from 
Mississippi addressing the legislature asked that body to 
join with that state in adopting "efficient measures" for 
"the common defense and safety of the slave holding 
states." No action was taken by the legislature in re- 
sponse. Later in January delegates were named by the leg- 
islature to a national "peace conference" at Washington of 
which former President John Tyler was chairman but which 
accomplished nothing. A commissioner from Georgia ap- 
peared before the state convention with the same message 
that had been brought from Mississippi to the legislature and 
met with the same courteous reception but no favorable re- 
sponse. The election of United States 'Senator also showed 
the general sentiment. The term of James S. Green, a most 
popular and brilliant man, having expired he was defeated 
for re-election because he was a Secessionist and Waldo P. 
Johnson chosen in his stead. Missouri wanted to remain iri 
the union and to be at peace. 



CHAPTER VIIL 

CAMP JACKSON-AND WAR BEGINS 

122. Camp Jackson — The plans foi peace failed. The 
hope of M/issourians that their state should be spared from 
strife was not realized. In St. Louis was an arsenal owned 
by the United States government. It contained a large 
number 'of guns and a large quantity of ammunition. Gov- 
ernor Jackson, who was now more than ever in favor of 
secession, still hoped for peace and thought the arsenal 
should belong to the State if it was needed for the state's 
defense. In St. Louis was the camp of the regular militia- 
men of the state. It was called Camp Jackson and was 
for the purpose of military instruction. General D. M. 
Frost was in command. Frank P. Blair was the leader of 
the Unconditional Unionists in Missouri.* He feared the 
State troops would seize the arsenal and turn it over to the 
Secessionsts. So with his usual promptness he took steps 
to prevent that which he believed was likely to be attempt: 
ed. 

'''Francis Preston Blair v/as the head of the Unionist movement 
in Missouri. More than any other man he kept Missouri in the Union. 
He was born in Kentucky, the son of i distmguished statesrnan. He 
served two years in Congress and after his work in St. Louis fought 
through the war as brigadier-general. He was opposed to republican 
reconstruction measures, and left the party with which he ^ had 
affiliated to become a Democrat. He was an unsucessful candidate 
on the Democratic ticket for vice-president in 1868. In 1871 he was 
elected United States Senator, serving two years. He was a man of 
integrity, intellectual strength, supurb will and large heart. He died 
in St. Louis July 8, 1875, 



m MISSOURI AS A STATS 

123. Blair and Lyon— In the back room of a store 
building in St. Louis Blair organized and drilled a large 
number of volunteer soldiers. They were mostly Germans 
The Germans had no sj^mpathy with secession and cared 
nothing about state's rights, Blair held his troops ready for 
use when the war, which he thought certain, would break 
out. The United States commander at the arsenal was 
Major Wm. H. Bell who was believed to be friendly to the 
state. He was soon, however, succeeded by Major Wagner 
who held different views. In charge of the government 
troops was placed Capt. Nathaniel Lyon, a brave, able lead- 
er who was bitterly opposed to secession and had no toler- 
ance for those who wished peace.* "It will be sectional 
strife," said he, 'Svhieh I do not care to delay." Blair and 
Lyon became firm friends. They soon had an army, govern- 
ment troops and volunteers, of 7000 men well drilled. 

124. Jackson's Refusal — ^Fort Sumter surrendered on 
April 13, 1861. That meant civil war indeed. The same 
day President Lincoln called for 75,000 troops to "suppress 
combinations too powerful to be suppressed by the ordinary 
course of judicial proceedings." Missouri was asked for 
four regiments of infantry. Governor Jackson said defi- 
antly, "They v/ill not be sent." Governor Jackson's reply 
was in accordance with the sentiment of the state at that 
time but Blair and Lyon thought it treason. 

*Capt. (afterwards) Gen. Nathaniel Lyon v/as the military leader 
of the Unconditional Unionists. A soldier of the regluar army he had 
won promotion for gallantry in the Mexican War. He v/as of small 
stature, strong convictions, impatient of restraint and passionately 
devoted to the union. He was shot through the breast while gallantly 
leading a charge at the Battle of Wilson's Creek, August lo, i86i, 
dying instantly. He bequeathed $30,000 to aid the government in 
preserving the union. 



CAMP JACKSON— AND^WAR BEGINS 193 

125. "Lyon Investigates — There was, in addition to the 
government arsenal in St. Louis one in Liberty in Clay 
county. On the 20th of April six days after President Lin- 
coln 's call for troops, 200 men under command of Col. H. 
L. Routt largely from Clay and Jackson counties, marched 
into Liberty, captured the arsenal and carried av/ay the 
guns and ammunition. Capt. Lyon heard this and deter- 
mined the time had come to strike. First General W. S. 
Harney who was in command of the United States troops at 
St. Louis, must be sent away. He was opposed to war or to 
any measures that would cause conflict. Blair, through 
his friend, Edward Bates, a member 'of the cabinet of 
President Lincoln, had great influence at \Vashin«',ton.* 
Harney was called to Washington to answer charges which 
Blair had preferred against him. Lyon, dressed in disguise 
as an old woman, drove through Camp Jackson on the 9th 
of May. He found cannon which had been sent up the Mis- 
souri river from the government arsenal and sec.*etly plac- 
ed in the camp. ''This is treason," he said, "Harney will 
return on Sunday. What is done must be done between now 
Thursday and Sunday.** 

128. Frost Surrenders— General Frost heard that an 
attack on Camp Jackson might be made. He sent a letter 
on Friday, the 10th, to Capt. Lyon, stating what he heard 
and denying any hostile intentions against the United States 

*Edward Bates, Lincoln's attorney-general, was a Virginian of 
Quaker descent. As a boy he was only prevented from going to sea 
bv his mother's influence. His elder brother, Frederick Bates, was 
appointed secretary of the Missouri Territory and Edward came to 
Missouri with him. He was an anti-slavery leader, widely-supported 
for the republican nomination for president in i860. He died in St. 
Louis,, March 25, i860, at the age of 72 years. 



194 MISSOUKI AS A STATE 

troops or property of the United States government. ''Let 
lis lieep from our borders the misfortunes that unhappily 
affect our common country,'^ he wrote. But Capt. Lyon 
would not read the letter. He sent it back to Gencial Frost. 
Capt. Lj^on's soldiers were already on their march tc take 
Camp Jackson. He said it was "a nest of traitors". 
AYithin a few moments he had surrounded the camp and 
called on General Frost to surrender, Lyon had 7,000 men 
and Frost 700. Frost protested against the action of the 
United States captain and then surrendered. 

127. Killing of Citizens — Then occurred an incident 
most unfortunate. The captured Missouri state troops were 
drawn up in line and held for an hour. Great crowds of 
men, women and children gathered. Some hurled stones, 
and vile words at the German soldiers who were on guard. 
The soldiers resented this and fired upon the crowd. 
Twenty-eight persons were killed, three of the captured 
state soldiers who were now prisoners of war, an infant 
in its mother's arms and one of Lyon's soldiers. The march 
was resumed to the arsenal and the next day the state 
troops were released after agreeing not to take up arms 
against the United States government. 

128. Effect of the Capture — The news of the cap- 
ture of Camp Jackson and the killing of citizens spread rap- 
idly. The reports were exaggerated. At Jefferson City the 
fegislature was in special session. A bill to organize) and 
equip the State militia for purposes of defense was being 
considered. It was strongly opposed. YHien the news of 
Camp Jackson came, all opposition was swept away. The 
military bill was passed by unanimous yote^ within 15 min- 



CAMP JACKSON— AND WAR BEGINS 195 

utcs. Within 5 days the legislature passed laws author- 
izing the expenditure of over $2,000,000 ''to repel invasion 
and put down rebellion." The legislature would probably 
have passed a secession ordinance if it had not already re- 
ferred to the convention and the people the question of se- 
cession. So strong was the feeling aroused by the affair 
at St, Louis. The capture of Camp Jackson had not C:^ush" 
ed the anti-coercion sentiment in Missouri. On the contrary 
it increased and inflamed the sentiment. Outside Governor 
Jackson and a few enthusiasts the Secessionists were few. 
Even the Conditional Union men were coming rapidly to 
accept the inevitable of coercion. Then the situation 
changed. The ''invasion of Missouri' ' was bitterly resented. 
Men, heretofore loyal to the union, declared for the south. 
Sterling Price, president of the convention that decided 
against secession, offered his sword to the Governor to fight 
"in defense of the state." He was appointed Major-Gen- 
eral of the Missouri state militia. , 

129. Harney and Defense — Wliile the Camp Jackson 
affair stirred the sentiment for the South, it also strength- 
ened and emboldened the unconditional supporters of the 
union. General Hamey returned, to St. Louis and endorsed 
the capture of the camp. He said that two of the avenues in 
the camp were called Davis and Beauregard "for traitors" 
and that men in the camp wore Confederate badges. No 
government should tolerate such conduct. He would employ 
all necessary force to maintain the authority of the gov- 
ernment. Yet he said he wished for peace and would seek 
to stop further trouble. 

130. Efforts for Peace— Some Missourians still hoped 



196 MISSOtJRI AS A STAT^ 

for peace. They asked 'Gen. Harney as the commander of 
the United States troops and General Price as the command- 
er of the State troops to talk over the situation with a view 
of preventing war. The two met and made an agreement. 
Under this agreement "to restore peace and good order" 
Price was to be intrusted with the duty of keeping order in 
the state subject to the laws of the state and national gov- 
ernments and General Harney agreed to make no "military 
movements which might create jealousies or criticisms." 
Price dismissed the state troops under the agreement and 
Harney issued a proclamation asking for peace. Lyon and 
Blair did not approve of this agreement because it did not 
include the disbanding of all military organizations. They 
said the loyal people of the state were oppressed. Reports 
to this effect were sent to President Lincoln. He relieved 
General Harney from his command and placed Captain (now 
'General) Lyon as his successor. 

131. Another Effort— One m_ore effort was made for 
peace. General Lyon was asked to have a conference with 
Governor Jackson. He consented. At the conference Gov- 
ernor Jackson, Major Thomas L. Snead* and General Price 
represented the state, while -General Lyon, Frank Blair and 
Major Cowant represented the national gevernment. The 
conference lasted several hours. It was fruitless. Governor 
Jackson offered to disband all military organizations of the 
State, to protect all citizens equally and maintain absolute 

*Thomas L. Snead, a Virginian by birth, was adjutant-general 
under Governor Jackson, served afterward in the Confederate army. 
He removed to New York in 1865 and was editor and lawyer. He 
published "The Fight for Missouri," an interesting account of the 
early days of the war. 



CAMP JACKSON— AND WAR BEGINS 197 

neutrality and peace. He asked that General Lyon would 
agree to disarm the volunteer soldiers known as Home 
Guards and would pledge himself not to occupy any place 
in Missouri not already occupied by federal troops. Lyon 
refused. "The State cannot dictate to my government in 
anything,'* he said. "Rather than concede its right to do 
so in even the most unimportant m.atters, I would see you 
and every man, woman and child buried. This means war." 
It did mean war — four long years of bitter strife between 
neighbors and friends. Some fought for Union, some for 
the State. The trae Missourian fought bravely wherever 
he enlisted. 

132. The War Begins — Governor Jackson and his com- 
panies returned im.mediately to Jtefferson City. Behind 
them they burned bridges, so that Lyon's troops could not 
follow them on the railroad to the capital. Next day Gov- 
ernor Jackson issued a proclamation asking for 50,000 state 
troops "to repel invasion and protect the lives, liberty and 
property of the citizens of Missouri." Then he and other 
officials left the Capitol hearing that Lyon's army was near. 
The day after Governor Jackson's proclamation General 
Lyon started up the Missouri river with steamboats carry- 
ing 1,500 soldiers. He was accompanied by Capt. Blair with 
his volunteer regiment. On Saturday, June 15, General 
Lyon and his troops reached Jefferson City, disembarked 
and took possession. The war in Missouri had begun. 



CHAPTER IX. 

BATTLES AND BLOODSHED OF THE CIVIL V/AH. 

133. Missouri's Soldiers — We come now to the ter- 
rible civil war, Missouri was not the scene of many great 
battles. But Missouri, with her people divided in their sym- 
pathies between state and nation, between south and north,, 
suffered bitterly. Brother fought against brother and son 
against father. Worse than the warfare of pitched battles 
where brave and honest men are engaged were the raids 
and skirmishes by lawless and bad men v/ho were fighting 
for plunder and not for principle. There were many of 
such bands in Missouri . Some fought under one flag, some 
finder another and some under no flag. They came from 
<;:her states or from the worse elements in this state. But 
the great majority of the Missourians in the v/ar were gal- 
lant soldiers fighting as gallant soldiers always do, for the 
cause they love. Missouri had no hired men. The Southern" 
ers had no money with which to pay and the pittance which 
the north paid was insufficient for adequate support. Mis- 
sourians fought because they believed in the union or in the 
state cause. Yet, Missouri sent 110,000 soldiers to the 
Union armies and 40,000 soldiers to the Confederate or state 
armies. This was a larger number to each army in propor- 
tion to population than was sent by any other state, north 
or south. At one time 64 per cent of all the population of 
military age was under arms. These soldiers, with occas- 



BATTLES AND BLOODSHED OF CIVIL WAR 1^9 

ional troops from other states, fought 450 battles and skirm- 
es during the four years of the Civil War. 

134. Battle of Boonville — The first battle was at Boon- 
ville on June 17, 1861. "Governor Jackson, General Sterling 
Price and General John S. Marmaduke had assembled here 
about 2,000 untrained volunteers. General Lyon, with 1,500 
regular soldiers, pursued them. The state troops were eager 
to fight. Jackson was absent ill and Price and Marmaduke 
advised against the battle. Yet, yielding to the entreaty 
of the hot-headed soldiers they marched out to meet Lyon. 
This battle was a complete victory for the Union. Only 
five were killed on both sides. The result was important 
because it was the first conflict. Lyon's success made bold 
the Union men and disheartened the southerners. The 
state troops retreated to the southwest. For two weeks 
there was no attempt to follow them. At Carthage a 
few weeks later General Frank Sigel,* with 4,100 union 
soldiers met Governor Jackson and some 6,000 of his vol- 
unteers. The fi-erce fight which followed ended in the re- 
treat of Sigcl. To Cowskin Prairie in McDonald county, 
the state troops retired to get ready for more fighting. They 
drilled, made bullets out of the Granby lead in hollow 
trunks of trees and then marched to battle. Only three- 
fourths of the number had guns. The others were unarm- 
ed. Nor was that great military ieadei* of the north in 

♦General Franz Sigel was born in Germany, November i8, 1824. 
In 1858 he came to St. Louis as a teacher of mathematics. He had 
served as a revolutionist in Germany in his early days and when the 
war began in Missouri he promptly organized a regiment and en- 
listed for the Union. He served with distinction in Virginia in the 
later years of the war. After the war he made his home in New York 
City. 



200 MISSOURI AS A STATE 

Missouri, Nathaniel Lyon, idle. Marching to the southward 
he engaged the state troops under General Rains at Dry 
Springs, August 2. The fight was stubborn and Rains was 
forced to beat a retreat. 

135. Battle of Wilson's Creek— The next battle was 
at Wilson's Creek, near Springfield, August 10, 1861. It 
was, in view of the number of troops engaged, the fierce- 
ness of the fighting, the prominence of the leaders and 
the death of Lyon, one of the most notable, if not the most 
notable of all the battles in Missouri. The state troops 
were led by Ben McCulloch, a Confederate general from 
Arkansas. He hesitated about giving battle until urged 
by General Price and the Missouri leaders. General Lyon 
was in command of the union armies. Probably 16,000 
men were in the battle, though not all at any one time. Of 
these, 6,000 were Union and 10,000 state troops and Con- 
federates. The battle was long and bloody. Lyon, with 
his usual courage, made the attack. On Bloody Hill where 
the hardest fighting took place twenty-five per cent of those 
engaged were killed or wounded. Wilson's Creek was a 
defeat for Lyon's soldiers. General Lyon himself was killed 
while at the head of his troops. McCulloch declined to pur- 
sue the beaten Union army. He was a Confederate general 
and did not wish to further invade Missouri which was a 
loyal state. So the confederates reaped little benefit from 
their hard-earned victory. Price, with his Missourians, was 
not strong enough to follow the broken Union army. 

135. Siege of Lexington.— The battle and siege of Lex- 
ington began on the 18th of September, 1861. McCulloch 
had returned with the Confederate soldiers to Arkansas, 



BATTLES AND BLOODSHED OF CIVIL WAR 201 

while Price had marched north to the Missouri river. At 
Lexington Col. James A. Mulligan was strongly intrench- 
ed. Price, w^ith 7,000 men, surrounded the 'Masonic Hill 
upon which Mulligan and his men, numbering about '3,000, 
were behind embankments. After a brave defense for 52 
hours Mulligan suriiendered, half starved and suffering 
from thirst. At Springfield and Belmont in the same year 
there was hard fighting. At Belmont General U. S. Grant 
commanded the Union troops. 

136. Legislature in Special Session — ^Shortly after the 
battle of Lexington Governor Jackson called a special 
session of the legislature to meet at Neosho. Here less than 
a majority met on October 21 and passed an act of secession 
and annexation, detaching the state of Missouri from the 
United States and making it a state of the confederacy. 
Of course the legislature had no right to pass 
such an order even had a quorum attended. Yet sena- 
tors and representatives from Missouri were named to be ad- 
mitted to the Confederate congress. It may be well for 
convenience to speak of all the southern troops now as 
Confederates, though the state was never out of the Union. 

138. Battle at Pea Eidge— ^Early in 1862, a battle took 
place, March 6, at Pea Ridge, Arkansas, or Elk Horn as it 
was called by the Confederates. The Confederates were 
commanded by General Earl Van Dorn. General Curtis was 
the Union commander. The battle lasted three days with 
varying fortunes. Finally on the third day the Union 
soldiers won and the Confederates retreated. A large num- 
ber of soldiers on both sides were Missourians. General Mc- 
CuUoch was killed, General W, Y. Slack of Missouri was 



m Missouri as a stATE 

killed and General Price was wounded. Shortly after this 
battle General Price published an address in which he bade 
farewell to the Missouri State Guard. He was transferred 
to the east side of the 'Mississippi river w^here the 5,000 
Miissourians who followed him became soldiers in the regular 
Confederate army. They fought through the war and, 
reduced in number to 400, they fired their last shot in a skir- 
mish at Fort Blakely on the Gulf of Mbxico on April 9, 1865, 
the day when Lee surrendered at Appomattox. 

139. Events of 1862— The year 1862 was filled with 
minor conflicts. The guerilla warfare was at its worst. 
Roving bands terrorized different sections. The skirmishes 
were largely south of the river. The '' bush-whackers," 
''guerillas" and "Jayhawkers" were dangerous and un- 
scrupulous foes. Battles of some note occurred at Inde- 
pendence, Lone Jack, Newtonia and, just across the line, at 
Cane Hill, Arkansas. No battle gave lasting peace. Victory, 
whichever side won, was but temporary. Colonel Jo Porter 
crossed the Missouri river to the north to recruit confeder- 
ate soldiers. He found many willing to join him but he 
was so closely pressed by the Union soldiers and so fiercely 
fought at Moore's Hill, Knoxville and elsewhere, that he 
returned with only his original band of 80 men. Most of the 
fighting was south of the river. It was only upon some brief 
and desperate raid or in some conflict between local troops 
that the section of the state north of the river was involved. 

140. Order No. 11 — The story of civil vf ar is dark and 
fearful. No more dark and fearful scene of the civil war in 
Missouri has been shov/n than that which General Geo. C. 
Bingham, a bi^ave Union soldier, paints in his famous picture 



BATTLES AND BLOODSHED OF CIVIL WAR 203 

** Order No. 11." The year 1863 saw no pitched battles in 
the state. It witnessed much of the brutal guerilla warfare. 
This warfare was specially persistent along the western bor- 
der. Quantrell, "a dull and sullen knave/' led a band of 
guerillas into Lawrence, Kansas, robbed, burned and mur- 
dered. Partly for this reason and partly because he be- 
lieved it to be the best Avay to stop the horrors of war, the 
Union General Thomas Ewing issued an order (Nc. 11) 
v/hich commanded all persons then living in the country 
districts of Cass, Jackson, Bates and part of Vernon coun- 
ties to remove out of these counties. If they could prove 
to this military commander their loyalty they would be 
permitted to go to the military station or to Kansas. Oth- 
erwise, they must remove from the district. The result was 
desolation of the counties. Homes were burned, property 
destroyed. The order fell heavily on the women and chil- 
dren who were thus sent, unprepared, into exile. For three 
j^ears the history of these counties was a blank. When 
the older inhabitants returned in 1868 blackened chimneys 
showed ^'The Burnt District" as all that remained of once 
happy, peaceful homes. 

141. Price's Last Eaid — Gen. Price made a last bril- 
liant though fruitless raid through Missouri in the fall of 
1864. Crossing the Mississippi river he entered southeast- 
en Missouri and fought his way against Union troops to 
the Mjissouri river and then westv/ard to the Kansas line. 
Jefferson City v/as successfully defended by the Union sol- 
diers under Gen. A. J. Smith. One of Price's officers, the 
picturesque Joe Shelby, captured Glasgow and on October 
20, Price defeated Curtis at the Little Blue Creek. On the 



204 MISSOURI AS A STATE 

23rd, however, the Union cavalry defeated Price's rear- 
guard and drove the Confederates from Independence. 
From Independence General Price retreated south into Ar- 
kansas. The retreat was well conducted but was almost a 
continuous fight to the Arkansas line. Except for skir- 
mishes with bands of guerillas the departure of Price ended 
the Civil War in Missouri. Six months later Lee surrender- 
ed and there was peace throughout the nation. 



CHAPTER X. 
THE CONVENTION AND THE PEOPLE. 

142. Government by Convention — The government of 
Missouri during the Civil War period was by the convention 
chosen in 1861. This convention was called to decide upon 
Missouri 's relations to the federal union. We have seen how 
it declared against secession, revolution and war. Its work 
did not stop with this. It provided a committee which could 
and did call the convention together as often as it saw fit. 
It v/as this convention and the officers chosen by it which 
governed Missouri from 1861 to 1864. The convention it- 
self adjourned on July 1, 1863. 

143. Governor Jackson — ^Claiborne F. Jackson, who 
had been elected governor in 1860, went with his soldiers to 
the south. The lieutenant-governor, Thomas C. Reynolds, 
who had been chosen at the same time, succeeded him as 
governor. Neither, however, was at the state capital af- 
ter the war began. They had little or no power and their 
acts were not recognized. Indeed except to issae procla- 
mations and to make a few appointments they exercised 
none of the functions of the governor. Their absence from 
the capital, however, created need for a stable government. 
It was at this point that the convention of 1861 assumed 
supreme authority. 



206 MISSOURI AS A STATE 

144. New Oificers Chosen — Meeting in July, 1861, the 
convention elected Robert Wilson, of Buchanan county, 
president to succeed the former president, Sterling Price, 
who was now commander of the state troops. On July 30 
it declared vacant the offices of the governor, lieutenant- 
governor and secretary of state. The convention elected as 
governor Hamilton R. Gamble, of St. Louis; as lieutenant- 
governor, Yf illard P. Hall, of Buchanan county ; and as sec- 
retary of state, Mordecai Oliver, of Greene county. It de- 
clared the seats of the members of the legislature vacant and 
appointed a time for the election of their successors. This 
time w^as postponed, by subsequent acts, until November, 
1862. The convention v/ent further. Having abolished the 
legislature it performed the duties of that body. It pass- 
ed laws prescribing that no person should vote who did not 
indorse the action of the convention. 

145. G-ovemors Gamble and Hall — The convention 
of 1861 is often called ''the Gamble convention." Hamilton 
K. Gamble, chosen to be the war-governor of the state, was 
its most influential member. Governoi Oamble was a de- 
cided Union man, of high integrity, prudence and statesman- 
skip. He died in office January 31, 1864, the 17th governor. 
He was succeeded as governor by the lieutenant governor, 
Willard P. Hall, also an appointee of the convention, who 
served until January, 1865, when a governor electevd by 
the people took the office. Governor Hall was an eminent 
lawyer and devoted public servant.* Other able and high- 

*Governor Hall was born in Virginia in 1820, coming to Missouri 
in 1841, a graduate of Yale. He served with Doniphan in the war 
with Mexico. For three terms he was a member of congress. He 
died November 2, 1882, «...-. 



THE CONVENTION AND THE PEOPLE 207 

minded men were in the convention. It had been chosen 
at a time v/hen the people sought to send of their best citi- 
ztns to arbitrate and act upon most important questions 
The result was a body representative of the best thought. 

146. Lincoln Endorses Gamble — Many actions of the 
convention have been criticised as being without legal au- 
thority. The criticism is doubtless just. But they are prop- 
erly excused on the grounds of military necessity. The 
people as a whole gave consent to the actions of the conven- 
tion. Some objected. At a state convention of the extreme 
radical element in Jefferson City in 1862, resolutions were 
adopted denouncing the Gamble convention and the Gamble 
government. President Lincoln was appealed to for stern- 
er measures than Gamble and his supporters were willing 
to adopt. President Lincoln, in a prudent and patriotic 
letter, declined to meet the wishes of the extremists and 
endorsed the Gamble convention and government. 

147. Kev^ Poii^-cal Parties — New political parities 
came into being during the civil war. The dividing line 
was first in reference to slavery and later with regard to the 
political rights of the Missourians who aided or sympathiz- 
ed with the South. Nearly everybody favored freeing the 
slaves. The Radicals wished to free them immediately 
without paying their owners for them. The Conservatives 
sought to free them gradually and some wished to pay their 
owners for the destruction of property which freedom 
meant. The Gamble convention on July 1, 1863, the day of 
its final adjournment, passed an ordinance declaring all 
slaves fr'ee after July 4, 1870.* The state constitution adopt- 

*Missouri was the first slave state in the unjon which of its own 
motion set free the negroes. 



208 MISSOURI AS A STATE 

ed in 1865, provided for immediate freedom. No payment 
was provided for the owners of the slaves. At the state 
election in 1863 the total vot« was less than 100,000. The 
Conservatives elected their candidates for Supreme judges 
by a small majority, less than 1,000, over the Radical can- 
didates. The campaign was bitter and many harsh things 
were said. , 

148. The Legislature — The twenty-second general as- 
sembly or legislature met on December 29, 1862. As speak- 
er of the house was elected L. C. Mlarvin, emancipationist, 
of Henry county, who had voted for President Lincoln in 
1860. In a message to the legislature Governor Gamble 
congratulated the people that "the treasonable schemes of 
the last legislature to make war upon the federal govern- 
ment were thwarted by the very body, the state conveDtioii, 
created to execute them.'* He reported that at that time 
90,084 men from Missouri had enlisted in the Union armies. 
Much of the message was devoted to urging the policy of 
gradual rather than imjnediate emancipation.* This legis- 
lature elected as United States Senators, B. Oratz Brown 
and John B. Henderson. || They succeeded Trusten Polk 
and Waldo P. Johnson who had been expelled from the 
United States Senate for disloj^alty. 

149. Life of the People— The life of the people during 
the Civil War period was an unhappy one. Property was 
destroyed in many sections. It was unsafe everywhere. 
Families were divided. Often only the women and children 

I [John B. Henderson was a native of Virginia. He served in 
the general assembly of Missouri originating the state's railroad laws 
in 1857. He was one of the seven republican senators whose votes 
defeated the impeachment of President Johnson. 



THfi CONVENTION AND Tim PEOPLE 209 

were left at home while all the men able to bear arms 
were enlisted in the army of North or South. News might 
come at any time of the death of father, brother, son. The 
hardships and privations suffered were great. War is al- 
w^ays terrible. It is never so bad as when it is civil war. 
This adds to all the other horrors of war, the breaking up 
of families, of homes, of communities. It was from civil 
war in all its grim cruelty, that the people of Missouri suf- 
fered. 



CHAPTER XI. 
THE ADMINISTRATION OF FLETCHER. 

150. Governor Fletcher — ^While the civil war was in 
progress the election of November, 1864, Vv^as held. Col. 
Thomas C. Fletcher,* the Republican candidate, defeated for 
governor Col. Thomas L. Price, the Democratic candidate. 
The state cast its vote for Lincoln for president. At the 
election it was decided by a large majority to call a state 
convention to suggest amendments to the constitution. 
Sixty-six delegates were chosen to the convention. Meet- 
ing early in January, 1865, with the blood of Missourians 
yet hot with the passions of the Civil War, they framed a 
constitution of unexampled severity. The leading spirit of 
the convention was its vice-president, Charles D. Drake, || 
and the constitution is called the Drake constitution. 

151. Slaves Set Free—Emancipation of slaves was the 
first subject taken up by the convention. Within the first 
week after the convention assembled it passed an "ordi- 
nance" abolishing slavery from that date. It refused to 

*Thomas C. Fletcher v/as the first native Missourian to be 
elected governor. He was born in Jefferson county, January 21, 1827. 
He served in the Union army and was for a time in Libby Prison, 
He was the first speaker in the first Republican convention held in a 
slave state. Governor Fletcher died in Washington, March 25, 1899. 

IJChas. D. Drake was a midshipman in the navy from 1827 «o 
1830. He was admitted to the bar in 1833. In 1867 he became 
United States Senator from Missouri but resigned this office to 
accept the appointment of chief justice of the court of claims in 
Washington. 



ADMINISTRATION OF FLETCHER 211 

submit the ordinance to a vote of the people and sent a 
copy to Governor Fletcher who issued a proclamation declar- 
ing the abolition of slavery. The convention had no legal 
right to make any of its acts binding until they had been 
approved b}^ the people. Nobody objected to this ordinance, 
however, and January 11, 1865, the day upon which the or- 
dinance was passed by the convention, is known as Manu- 
mission Day. Slavery had been practical^ abolished in 
Missouri since the early days of Vv^ar. Slave owners had 
made little or no effort to restrain slaves. 

152. The Ousting Ordinance — Another ''ordinance" 
was passed by the convention and made effective without a 
vote of the people. This was the ''ousting" ordinance. 
Great offense v/as caused by it. Under the ordinance every 
civil office in the state was declared vacant and the gover- 
nor was given power to fill them by appointment. The reason 
for the passage of the ordinance was to fill the offices with 
loyal men. Governor Hall had declared in his last message 
in 1864 that "all the civil offices are filled with loyal men," 
but this declaration did not change the opinion of the con- 
vention. The convention adopted this plan to get rid of 
resisted. The supreme judges refused to give up their 
offices and were put out hy force. The ousting ordinance 
was directed at the supreme judges, who it was believed 
would not uphold the validity of the new acts of the con- 
vention ; The convention adopted this plan to get rid of 
them. It did so, though in an unconstitutional way, and in 
a v/ay that brought about discontent among the people. 

153, The Iron Olad Oath— The act of the convention 



m MISSOURI AS A STATK 

which caused the most bitterness was that affecting the right 
to vote. The convention decided that no man shonld vote 
or hold office who had "ever" engaged in warfare against 
the United States, or given any aid or comfort to persons 
so engaged, or who had expressed any sym^pathy, hy act or 
word, with persons so engaged or who had refused to en- 
list in the army of the United States. Any person who had 
ever done any of these things or any thing like them was 
not permitted to vote, hold office, teach public, private or 
Sunday school, practice lav/ or preach. An oath, called the 
"test oath" or "iron clad oath," was required to bo taken 
by the person v/ho wished to teach, preach, practice law, 
vote or hold office, that he had never been guilty of any of 
these things. Fine and imprisonment were to be the punish- 
ment for persons who taught or preached without taking 
an oath. 

154. Objections to the Oath— The law had all the 
Piverity of war days. An effort was made in the convention 
to strike out the word "ever" and put in its stead "since 
December 17, 1861." It was ar'gued in support of this 
amendment that Governor Gam_ble had promised. by proc- 
lamation and the President had approved that all who return- 
ed to their homes before and remained loyal from the 17th 
of December, 1861, would not be molested. The Gamble 
convention of 1861 had respected the promise. Many had 
returned home, had taken an oath of allegiance and remain- 
ed loyal. It was insisted that the test oath should not be 
applied to these men. The convention refused to adopt the 
amendment. 



ADMINISTRATION OF FLETCHER 21B 

155, Wise ProvisioBS— The constitTition finally submit- 
ted to a vote of the people by the convention of 1865, had 
with its severe and unfortunate provisions, much of good. 
Its provisions for public education, primary, elementary 
and higher, were excellent. A provision that no man who 
could not read and write could vote was generally approved. 
Though the constitution had these and other good things 
in it, the convention w^as afraid it v»^ould not be approved by 
the people. It took steps to prevent any chance of defeat. 
It decided that no one could vote upon the adoption of 
the constitution v/ho did not first take the test oath set forth 
in the constitution. It then provided a system of registra- 
tion. The system gave not to the judges of election but 
to the registering officers the right to say wdio should vote. 
Despite this action, the constitution on June 6, 1865, receiv- 
ed only 1,862 majority. But 85,578 votes were cast. At 
least one half of the citizens of the state vv^ere not permitted 
to vote. 

156. Eeiaonstrance to tha Oath — <]\rost violent was the 
proscription caused by the test oath and the efforts to en- 
force its provisions. It was resisted by many loyal Union 
men. Francis P. Blair was one of the first to refuse to take 
the oath and to appeal to the courts. Great hardship was 
occasioned teachers and preachers. Many men v/ere indict- 
ed for teaching and preaching; a fev/ were fined and more 
were put in jail. There was general refusal to take the 
oath. The Catholic Archbishop declared no priest could 
take it without surrendering his religious liberty. Rev. 
J. A. Cummings was convicted in the Pike county court of 
preaching without taking the oath, Ther§ was no evidence 



214 MISSOURI AS A STATK 

that he had ever been disloyal nor was he so charged. He 
appealed to the United States supreme court which decided 
the test oath unconstitutional. It said no state could pun- 
ish men for offenses committed before the law which sought 
to punish them was enacted. This ended the prosecutions 
under the test oath. 

157. Political Issues — The chief political issue in 
Missouri now became the repeal of the test oath and 
the abolition of the system of registration and other pro- 
seriptive measures. The movement for this repeal and aboli- 
ti(»n increased. It was led by prominent Union and Repub- 
lican statesmen. The first campaign, however, that of 1868, 
resulted in a victory for the policy of registration. The 
legislature of 1868 passed a registration law even more se- 
vere than that previously in existence. Under this law the 
governor appointed superintendents of registration in each 
Fcnatorial district. The superintendent appointed three 
registrars in each county. The four officers made a list of all 
persons who could vote. They were forbidden to enroll any 
persons who failed to take an oath of loyalty and were also 
given the power to refuse any others they chose. This power 
was sometimes exercised unwisely and corruptly. The law 
was made an issue in the next campaign. Miore bitterness 
and some violence attended the canvas. 

158. State Recovers From War — During the closing 
years of Governor Fletcher's administration the state began 
to recover from the desolating effects of the civil war. Im- 
migrants again sought Missouri. The population which 
had been largely reduced during the war was now nearly 



At)MlNISTRATION OF FLETCHER 215 

1,500,000. New railroads were built. Within a single year 
1,500 new school houses were erected. All the schools, many 
of which had been closed during the war, were re-opened. 
The dawning of a new and brighter day for Missouri was at 
hand. The war clouds had lifted and the sun of peace and 
prosperity began to shine. 



CHAPTER XDCL 
THS ADMINISTRATION OF McOLUEG. 

159. Governor McOlurg — Two political parties nomi- 
nated candidates for governor at the election of 1868. 
Ihese were the Republican and Democratic parties. During 
the war old political divisions had been wiped out in the 
new issues that arose. After the war* tlie political lines were 
drawn again though less closely and with many changes. 
Joseph W. McClurg,* of Camden county, was the nominee 
for Governor of the Republican party, while John S. Phelps, 
of Greene county, was the nominee of the Democratic party, 
McClurg's majority was over 19,000. E, 0. Stanard, of 
St. Louis, was elected lieutenant governor. The Republi- 
cans elected a majority of the legislature. 

160. Negro Suffrage — Negro suffrage became an issue 
after the negro had been made free. Shall the negro, who is 
now a free man, be permitted to vote. The legislature 
in 1S67 had submitted an amendment to the state constitu- 
tion givii]g the negro the right to vote. The people, at the 
election of 1868, refused by a majority of nearly 19,000 to 
adopt the amendment. On January 7, 1870, the question 
again arose before the legislature. Congress had passed an 

Governor McClurg was born in St. Lonis in i8i8 and died in 
Lebanon, Laclede county. He taught school in Louisiana and Mis- 
sissippi, practiced law in Texas, served in the Union army and, lo- 
cating at Linn Creek, was twice elected Xq congress, He resigned 
this o^ice to become governor, t 



ADMINISTRATION OF McCLURG 217 

" ■ 'j 
amendment to the constitution to give the negro suffrage. 
It would be adopted if three fourths of the states decided in 
its favor. The Missouri legislature voted for it almost unan" 
imouslv. More than three-fourths of the states were for it. 
This gave suffrage to the negro. 

161. Amendments Adopted — Governor McClurg, in a 
message to the legislature urged that amendments be sub- 
mitted to the people which, if adopted by the people, would 
abolish the test oath and restore the right to vote to all 
male citizens of the state of lawful age. The legislature 
adopted the suggestions of the governor and submitted the 
amendments. There was a brief, but earnest campaign. The 
amendments were adopted by 111,000 m^ajority. Only 16,- 
000 votes were cast against them. 

162. Bitter Campaign. — ^During the campaign which 
brouglit about this result the differences in the Republican 
party, which had existed for some time, grew more intense. 
One element wished to give the ballot at once to all citizens 
without regard to past conditions. These were called ''Lib- 
eral Republicans." Another element w^ished to restore the 
ballot "to those justly disenfranchised as soon as it can be' 
done with public safety." These were called ''Radical Re- 
publicans." At the Republican state convention Carl 
Schurz, United States senator, presented a report from the 
committee on resolutions in favor of the liberal policy. It 
WHS voted down by 349 to 342, in favor of the radical policj^ 
'j he supporters of Senator Schurz then withdrew from the 
ccnvention and had a separate convention. The regular con- 
vention renominated for governor Joseph W, McClurg. 



2i§ MlSSOUitl AS A STAT^ 

The 'Schiirz convenvtion of Liberal Republicans nominated 
B. Oratz Brown, of St. Louis.* 

163. Governor Brown — Tbe election resulted in the 
election of Brown by 41,000 majority. The Democrats made 
no nominations. They followed what was called the "pas- 
sive'' or the ''possum" policy. The democrats, however, 
supported Brown. His election was a victory for the liberal 
or conservative element of the state. J. J. Gravelly was 
elected lieutenant-governor. 

164. Crrowth of the State — The I'estoration to citizen- 
ship of the men who had been in sympathy with the south 
helped to create a better state of feeling. It aided in the 
complete restoration of law and order. Whatever grounds 
for the test oath existed in 1865 they had certainly disap- 
peared in 1870. All citizens were now united in the effort 
to promote the general welfare. Despite the devastation 
of the war Missouri had grown during the years from the 
census of 1860 to the census of 1870. It was in 1860 the 
eighth state in population. It was now the 5th. It had now 
1,719,978 inhabitants. Its taxable wealth was $474,000,000. 
This was twice as much as in 1866. During 1870 over one 
thousand miles of railroad were built in the state. 

Benjamin Gratz Brown, by birth a Kentuckian, came of dis- 
tinguished family. His speech in the Missouri legislature in 1857 
was one of the beginnings of the anti-slavery political moveiment. 
He edited an anti-slavery journal in St. Louis, was a candidate for 
governor in 1857 upon a free-soil platform. During the war he was 
a Union soldier. In 1872 he was a candidate on the Democratic tick- 
et for vice-president but was unsuccessful. 



CHAPTER XIII. 
FROM 1871 to 1880. 

165. Progress in the Btate— *B. Gratz Brown was the 
21st governor of Missouri. During his administration the 
hatreds caused by the civil war grew less bitter. Men be- 
gan to realize that differences in political opinions could ex- 
ist without causing differences in personal friendships. Im- 
migration into Missouri became greater. New schools were 
opened. The negro, now a citizen, had schools equal in 
length of term to the schools for wdiite children. The 
schools for the negroes were supported almost entirely by 
the w^hite taxpayers. There is no instance in history where 
a weak and dependent race has received more humane 
treatment than that accorded in Missouri to the negroes. 

166. Railroad Debt- — Railroad debts caused much 
trouble in 1872 in various counties. Under the constitution 
of 1865 county courts were permitted to issue bonds binding 
when two-thirds of the qualified voters gave their consent. 
In some instances the county courts were composed of ig- 
norant and corrupt men. In others the ''qualified voters" 
were men with little interest in the welfare of the commun- 
ity. Many voters were disfranchised under the constitu- 
tion. The result of dishonesty and ignorance on the part 
of courts and people was that some $15,000,000 of debt in 
railroad bonds was saddled on the people of various counties 



220 MISSOURI AS A STATE 

to pay for railroads tliat were never built. The bonds v/ere 
sold to parties in New York or eleswliere Yfho forced tbe 
counties to pa3^ The parties who bought the bonds claimed 
they did not knoY/ of any fraud or sharp practice in their 
issuing. 

167. Trouble Before Settlement — ^In several counties 
the people resisted the payment of these debts claiming 
the railroads were never built. In some eases the parties 
v/ho issued the bonds were attacked. In Cass county a 
judge, the prosecuting attorney and one of his bondsmen 
were killed by a mob of enraged citzens. Bitterness spread 
to adjoining counties and it was months before the feeling 
of the bonds was allayed. The courts decided the bonds 
were legally issued and the counties must pay. After some 
years the bonds were paid in full or, upon a compromise, 
agreed to by both sides, paid in part. Now only three 
counties have unsettled railroad debts which originated at 
this period. 

168. The State Debt—The state also had railroad 
debts. Before the civil war the state had issued bonds to 
the amount of $23,701,000 in aid of the building of railroads. 
The railroads in retui^n agreed to pay the interest on the 
bonds and to forfeit to the state the roads if the interest 
was not paid. One railroad — the Hannibal and St. Joseph 
— paid its bonds and the interest. The other railroads fail- 
ed to do so and were forfeited to the state. The state sold 
them at a low price, not enough to pay the debt. The debt 
v/hich remained was over $31,000,000 including principal 
and accumulated interest. This debt, largely caused by the. 



^ROM 1871 TO 1880 221 

aid of railroad-construction, has since been paid in full. It 
cost the state many millions in interest and principal, how- 
ever, before it was finally settled. 

163 Woodson Chosen Govemor — The Liberal Repub- 
licans and the Democrats united upon a state ticket again 
in 1872. Silas Woodson a Democrat, was the nominee for 
governor. The regular Republicans nominated John B. 
Henderson of Pike county. YVoodson was elected and be- 
came the 22nd governor of l^^Iissouri, the first Democrat chos- 
en since the civil war.* At the same election in 1872 ]\l]is- 
souri cast its vote for Horace 'Greeley for president and B. 
Oratz Brown, the governor of the state, for vice-president. 
By 1874 the Liberal Republicans had disappeared as a party, 
some joining the Democratic party and others returning to 
the Republican -pavty. 

170. Hard Times — During the administration of Gov- 
ernor Woodson occurred a period of hard times. In the 
spring of 1873 a great banking house in New York became 
involved in financial difficulties and could not pay its debts. 
The panic which this caused spread all over the land. In 
Missouri many banks failed and the business depression was 
serious. Trade for a time was paralyzed. To add to the 
troubles there was a failure in crops because of a long-con- 
tinued drought in 1873. Governor Woodson recommended 

*Silas Woodson had been a member of the kgislature and circuit 
(prosecuting) attorney in Kentucky his native state. In 1854 he made 
St. Joseph, his home, where he served as circuit judge during the 
civil war. He, was chairman of the Democratic state convention in 
1874 and was nominated for governor as a compromise candidate. 
He died in St, Joseph m 1896, aged 77 years. 



222 MISSOURI AS A STATE 

that state and county expenses be reduced. The recommen- 
dation was adopted by the legislature and nearly one-half 
the expenses were cut off. Only in the expenses for pub- 
lic education was there no reduction. 

171. The GraPige — ^A political result of the business 
depression of 1873 and 1874 was the formation of the 
Grange. People asked for the cause of the hard times. 
Some claimed this was entirely due to bad legislation. They 
sought to unite all farmers and other workingmen into an 
organization to correct the evils of this bad legislation. 
The Grange, sometimes called the Patrons of Husbandry, 
then came into existence. The organization was chiefly 
composed of farmers. No lawyers, bankers or merchants 
were admitted. "The Grangers," as they were called, in a 
few months numbered over 1,200,000 members. It included 
upon its rolls many men of ability and integrity and for more 
than ten years continued to exercise a powerful influence 
upon the politics of the country. The Grange was specially 
strong throughout the agricultural west, 

172. Hardin Chosen Governor — Political lines were 
drawn anew at the election of 1874. The Liberal Republi- 
can party had gone out of existence. The Republicans 
made no nominations for state officers but united with the 
Grange in what was called the peoples party to support 
Major William Gentry, a prominent farmer of Pettis county 
of governor. The Peoples Party urged a reduction of all the 
expenses of government. The legislature had already, 
however, taken steps to bring about such reduction and 
there were few voters affected by the new party's platform. 
Charles H, Hardin, the Democratio nominee, was elected 



FROM 1871 TO 1880 223 

governor.* The Grange soon afterward disappeared from 
politics. 

173. The Plague of Locusts — Missouri was visited in 
1874 and again in 1875 by hordes of Rocky mountain locusts 
or, as they were commonly called, ''Kansas grasshoppers." 
In 1874 they eam,e down from the Rocky IVfountains and 
invaded Colorado and Kansas eating every leaf of grain or 
vegetable. They reached Mssouri late in the summer after 
m.ost of the crops had ripened and so did little damage. The 
following year, however, from eggs left of the year previous 
and from fresh invasions the fields of western Missouri 
Vv^ere attacked by the pests. Wheat, com and meadows 
were devoured. The locusts were fought back in places by 
fires but the destruction wrought was great. -Governor 
Hardin proclaimed that June 3, 1875, should be a day of 
''fasting, thanksgiving and prayer" for Divine deliverance 
from the plague of locusts. The next day a heavy rain 
came and a few days later the locusts driven by a strong 
wind, left the state. In 1876 a few reappeared but since 
then the locusts have never troubled Missouri. 

174. A New Constitution — ^Unsatisfied with the provis- 
ions of the constitution of 1865 the people of Missouri in 

♦Charles H. Hardin, a native of Kentucky, came to _ Missouri 
when a mere child, making his home in Columhia, afterward in Fulton, 
and later in Mexico. He- was a lawyer, served with success as pros- 
ecuting attorney and state senator. He was the author of the resolu- 
ti'^n creating the convention of i860. He was the only member at 
the Neosho session of the legislature in 1861 who voted against seces. 
sion. Hardin College at Mexico, a school for girls, is named in 
his honor. He endowed it liberally. Governor Hardin died in 
1P92 at the age of 72 years, 



^24 MISSOURI AS A StATE 

1874 voted to hold a convention to fi*ame a new constitution. 
This Convention composed of able highminded men, met in 
Jefferson City on iMay 15, 1875, and made a thorough revis" 
ion or restatement of the organic law of the state, "^/hen the 
convention had completed its work it was adopte.i without a 
single vote against it. The people on the 30th of October 
voted 77,000 majority in its favor. It went into effect No- 
vember 30, 1875, and has been the supreme law of the 
state since that time. The constitution made liberal provis- 
ion for public schools, put special restrictions upon the 
power of taxation, lengthened the terms of man}^ state and 
county officers from two to four years and contained other 
new and wise provisions. 

175. Phelps Become Governor— John S. Phelps, Demo- 
crat, of Greene county, was elected governor over G. A. 
Finkelnburg, of St. Louis. Phelps was the first governor to 
serve under the new constitution which extended the term 
of office of the governor to four years and made him ineligi- 
ble to re-election.* 

*John S. Phelps was born in Connecticut in 1814 and died in St. 
Louis in 1886. He came to Missouri in 1837, locating at Springfield 
to practice law. He served in Congress from 1844 to 1863, achiev- 
ing a national reputation as a debater and sagacious statesman. He 
was an officer in the Union army during the civ'l war. After his 
term as governor he was offered an appointment on the tariff com- 
mission but declined and never again held political office. 



CHAPTER XIV. 

FROM 1880 TO THE PRESENT TIME. 

176. Tlie Critjtenden Administration — Thomas T. Crit- 
tenden, of Johnson county, Democrat, was chosen governor 
in 1880, defeating D. P. Dyer, of St. Louis, Republican. 
The administration of Governor Crittenden who served the 
state from 1881 to 1885, as its chief executive, was notable 
for the final settlement of the Hannibal & St. Joseph — now 
the Burlington — railroad debt. The state had in 1851 and 
1855, issued bonds to aid in the construction of this road. 
After a number of lawsuits the road, during the Crittenden 
administration, paid the debt, principal and interest. The 
outlaw band of train robbers, known as the James boys, was 
broken up during the Crittenden administration. One of 
the leadeils was kilki'd, another surrendered voluntarily 
and others were captured and sent to prison. 

177. The i^rmaduke Administration — The election 
of 1884 resulted in the choice of John S. Marmaduke,* of Sa- 

*Thos. T. Crittenden studied law in Kentucky, his native 
state, under John J. Crittenden, his uncle, and, in i860, came to Mis- 
souri. He served in the Union army as colonel in the civil vi^ar. 
After the war he was a law-partner of Gen. F. M. Cockrell at War- 
rensburg. He served from 1872 to 1876 as a member of Congress. 

*John Sappington M'armaduke was a native of Missouri, his father, 
Meredith M. Marmaduke, governor from 1844 to 1846, was a staunch 
Unionist. His son, however, entered the Confederate army and became 
a major-general. After the war he became a commission merchant 
id St. Louis and later engaged in journalism. In 1875 he was ap- 
pointed railroad commissioner and, in 1876, elected to that office 
for four years. He never married. He died at Jefferson City, De- 
cember 28, 1887, aged 54 years. 



226 MISSOURI AS A STATE 

line county, Democrat, for governor, and Albert P. More- 
house,* of Nodaway county, for lieutenant governor. The 
Republicans nominated Nicholas Ford, 'of Audrain county, 
for governor, and the Prohibitionists, who made an unusual- 
ly' energetic campaign, nominated John A. Brooks, of Kansas 
City. Governor Marmaduke, in response to a growing pub- 
lic sentiment, was urgent in his recommendations to the 
general assembly that certain inequitable and oppressive 
rates charged by railroads should be lowered. The gen- 
eral assembly adjourned without any action upon the gov- 
ernor's recommendations. He promptly called the assem- 
bly together in speciaT session. At the special session laws 
forbidding railroads to charge lower rates per ear to large 
than to small shippers, and forbidding to charge higher 
rates for short distances than for longer distances, over the 
same road and to the same market, were passed. In 1887 
Governor Marmaduke died in office and Lieutenant-Gover- 
nor Morehouse succeeded him. 

178. Local Option — ^During 1887 and for some years 
thereafter there was intense feeling in the state upon the 
subject of the *' local option law against the sale of intox- 
icating liquors." This law, enacted by the general assembly 
in 1887, gave to a locality the right to say, by majority vote, 
v/hether or not intoxicating liquors would be sold as a bev- 
erage in that locality. Towns, containing 2,500 population 
or ovar, had the right to decide for themselves and also the 
counties had the same right. Elections were held in many 
towns and counties and there was much excitement and bit- 
Albert P. Morehouse was a lawyer, a native of Ohio and had 
served in the Missouri legislature. He died in Maryville in 
September, 1891. 



FROM 1880 TO THE PRESENT TIME 227 

ter feeling. A considerable majority of the towns and coun- 
ties voted against the sale of liquor as a beverage. Because 
of some legal defect, some elections were held by the courts 
to be invalid. 

179. Under Governor Francis — At the election of 1888 
David R. Francis,* of St. Louis, was chosen governor and 
Stephen H. Claycomb, of Jasper county, lieutenant-gover- 
nor, both Democrats. The Republican nominee was E. E. 
Kimball, of Vernon county. During the administration of 
Governor Francis it became known that the state treasurer 
had stolen some $32,000 of public funds. He was remov- 
ed from office, tried, convicted and sent to the state prison. 
This is the only instance of such theft in the history of the 
state. The general assembly submitted to the people of Mis- 
souri at the general election of 1890, an amendment increas- 
ing the number of judges of the supreme court from five 
to seven. The amendment was adopted. , 

180. Under Governor Stone— In 1892 William J. 
Stone,* of Vernon county, Democrat, was chosen governor 
defeating Miajor William Warner, of Kansas City, the Re- 
publican nominee. || The campaign was vigorously prose- 

*David Rowland Francis, born in Kentucky in 1850, moved 
to Missouri when a lad, becoming, after graduating at Washington 
University, clerk in a commission house. He was mayor of St. Louis 
1885 to 1889, governor of Missouri,, 1889 to 1893, secretary of the 
Interior in President Cleveland's cabinet 1896 to 1897 and president 
of the Louisiana Purchase Exposition of 1904. 

♦William Joel Stone, born in Kentucky in 1848, was admitted to 
the bar at Columbia, Missouri, in 1869. He served in Congress from 
1885 to 1891 and two years later became governor. He was elected 
United States Senator in 1903, for a term of six years. 

II William Warner, beaten for governor in 1892 by Stone, was 
elected by the Republican legislature, Stone's colleague in the Unit- 



228 MISSOURI AS A STATS 

cuted by both parties. Under the constitution when the to- 
tal assessed valuation of the state exceeded $900,000,000 
the rate of taxation for state purposes fell from 20 cents 
to 15 cents on the one hundred dollars valuation. The re- 
sult was that for a number of years the revenues of the state 
were materially reduced and in consequence the strictest 
economy was practiced by the state to keep within its in- 
come. 

181. Railroad and Coal Strikes — ^Dui-^ng Governor 
Stone's administration numerous coal strikes occurred in 
various parts of the United States. It was feared that the 
coal miners of Missouri would become involved in such 
strikes but wiser counsels prevailed and the disaster v/as 
averted. Railroad strikes, originating in other states, did 
in 1884 spread to Missouri and for a time interiupted traf- 
fic on three of the railroads. Fortunately there was no de- 
^' ruction of life or property. The free silver issue was spec- 
i-.lly prominent in this period with Richard P. Bland, a Dem- 
ocratic member of Congress from Missouri as its chief cham- 
pion. 

182. Recent Administratians — At the election of 
1896 Lon V. Stephens* of Cooper county, Democrat, was 
chosen governor defeating Robert E. Lewis, of Henry conn- 
ed States senate in 1905. He was mayor of Kansas City in 1871 
and afterward served two terms as member of congress. He was 
a union officer in the civil war. In 1888-89 he was commander-in 
chief of the National G. A. R. , 

*Lon. V. Stephens was born in Boonville in 1858, where his fa- 
ther, Colonel Joseph L. Stephens, was banker and lawyer. He was 
appointed state treasurer 1889 and elected for four years in 1893. 
He learned the printer's trade, was afterward editor, lawyer and 
then banker. 



FKOM 1880 TO THE PRESENT TIME 229 

ty. In 1900 Alexander M. DockeryJ| of Daviess county, 
Democrat, was elected governor, defeating Joseph Flory 
Republican, of St. Louis. In 1904 Joseph W. Folk, Demo- 
crat, of St. Louis, was chosen governor, defeating Cyrus P. 
Walbridge, of St. Louis, Republican. The other state officers 
chosen by the people at the election of 1904 were Repub- 
licans. 

183. World's Fair at St. Louis — During the year 1904 
there w^as held in St. Louis an Universal Exposition to cele- 
brate the 100th anniversary of the purchase by Thomas 
Jefferson of the Louisiana territory. The year 1903 v/as the 
100th anniversary but the date of the Exposition was deferr- 
ed a year to permit foreign governments to prepare their ex- 
hibits, ^lissouri voted a million dollars for a state exhib- 
it. St. Louis issued $5,000,000 in bonds, the citizens gave 
$5,000,000 and congress voted $5,000',000 in aid of the en- 
terprise. Nearly every foreign country was represented. 
The Exposition was held for seven m^onths and in beauty, 
educational value and extent surpassed any previous expo- 
sition or world's fair. It was of incalculable importance 
in setting forth the resources and advantages of the middle 
west. 

[[Alexander Monroe Dockerj'- was born in Missouri in 1845, 
was a practicing physician and then banker, served 16 years as mem- 
ber of Congress, where he attained national prominence on the ap- 
propriations committee. 

I [Joseph Wingate Folk was born in Tennessee, October 28, 
1869, graduated at Vanderbilt University and was admitted to the bar 
in 1890. During his term as district attorney of St. Louis he won 
wide reputation and approval by his fearless prosecution of numer- 
ous cases against persons guilty of bribery. 



CHAPTER XV. 
THE MISSOURI OF TODAY. 

184. MisEoxiri's Rank Among the States — Missouri is 
fifth of the United States in present population and material 
wealth. It is easily first in potential resource. Geographi- 
cally it is the central commonwealth of the federal union. 
The population according to the census of 1900 is 3,106,665. 
It is a state of many interests. Other states lead in one 
or two industries. Missouri takes first rank in all. 

185. Agriculture — -Miissouri is an agricultural state. 
Outside of the cities of St. Louis, Kansas City and St. Jo- 
r--ph, only 7.6 per cent of the population live in towns of 
over 4,000 population. Farming is the basis of all wealth. 
Taking Jefferson City, the capital of the state as a center, 
within 250 miles is the center of the area of farm values of 
the United States, the center of the total number of farms, 
the center of 'oat production, the center of corn pro- 
duction, the center of gross farm income, the center of im- 
proved farm acreage, the center of the production of the 
six leading cereals. One tenth of the corn of the world 
and one-twelfth of the wheat of the United States are s:ro\%Ti 
in Missouri. 

188. Live Stock — Missouri is a live stock state. It has 
more live-stock farmers than any other state. Its live stock 
are worth $200,000,000. The quality of the Missouri live 



TflE MISSOtJEI OF TODAY ^31 

stock is shown when it is recalled that while in the stat« 
are only 4% per cent of all the live stock in the United 
States, it represents 5 per cent of the value. It has more 
finely bred live stock than any other state. 

187. Horticulture— Missouri leads in horticulture ai 
in agriculture and live-stock. There are a third more apple 
trees in Missouri than in any other state. It is the center 
of the apple, peach, the berry region of the world. Within 
its borders are the largest nurseries and the largest orchards 
known. 

188. Mining— Missouri is a mining state. It pro- 
duces 80 per cent of all the zinc mined in the United States. 
90 per cent of all the nickel and a large per cent of all 
the lead. Half the state is underlaid with coal, a greater 
extent than in any other state. Nearly $700,000,000 worth 
of mineral wealth has been taken out of its mines. Its 
mineral output exceeds that of California while its yield 
of lead and zinc alone is greater than the total of the sil- 
ver product of Colorado. , 

139. Manufactures and Commerce — ^In manufactures 
and commerce Missouri is a leading state. Cheap fuel and 
proximity to great and growing markets will increase 
the rank of the state in this regard. Three-fourths of the 
surplus products are consumed at home. The home market 
is unsurpassed. Diverse industries, an extendoi crop sea- 
son and unexampled fertility of soil, make, because of the 
skill of the people, a prosperous community. 

ISO. Education — In the earliest constitution Missouri 
recognized the providence of God, provided for the estab- 



232 MISSOURI AS A STATE 

lishment of free schools and planned for a state seminary 
of learning — now the State University. It is not strange 
that with such ancestry the Missouri of today .should have 
the largest permanent school fund of any state, gives $14,- 
000,000 yearly to education, set apart one-third of the en- 
tire state revenue to the support of the public schools, have 
two per cent more children in school than the average for 
the United States, more than 4 per cent fewer illiterates and 
a churchbell within earshot of every citizen. 

191. Missouri a Central Statei — Missouri is sometimes 
called a southern state and again a western state. It is not 
a southern state, not a western state. Though it exitends fur- 
ther south than Virginia, it extends further north than 
Kansas. Geographically it is at the very center of continen" 
tal United States. Though an original slave state Missouri 
abolished slavery by its own act. It may be properly class- 
ed not as a northern or southern, eastern, or western state, 
but as a central state, a state in a class to itself, with the 
best qualities of all. 

192. The Most Independent State — ^Ijocated between 
the 30th and 41st parallels of north latitude and between 
the 89th and 96th meridians of west longitude, Missouri 
is a part of the temperate zone in which the work of the 
world is done. The state is '328 miles in length from 
north to south and contains 69,415 square miles. Its pop- 
ulation numbers 45.2 persons to the square mile. Its pecu- 
liar development is due primarily to her control of the 
Missouri river. Economically speaking, Missouri igj the 
most independent state in the union. 

198. The People of Missoxiri— The people who have 



TPIE MISSOURI OF TODAY 2d3 

made Missouri have been Missourians — a people fearing God 
and honoring man, of sane not stagnant conservatism, 
jealous of religious, political and industrial freedom, build- 
ing home and church and schoolhouse, felling the forest, 
tilling the soil, digging the mine, toiling in factory and 
holding high ideals of citizenship in public and in private 
life. The spirit of Missouri is the spirit of progress, temper- 
ed by conservatism. It rejects not the old because of its 
age nor refuses the new because it is not old. It is the spir- 
it of a community, conscious of its own secure position, 
somewhat too careless at times of the world's opinion, hos- 
pitable, generous, intelligent, brave. The dream of the 
greatest statesman is a nation of useful citizens dwelling 
in happy homes. In Missouri the dream finds realization. 

194. The State Motto— The noble Latin motto of the 
state has ever expressed, and does, the spirit of the united 
citizenship: ''Let the welfare of the people be the supreme 
law." Nobler motto there could not be for commonwealth 
or citizen. 



APPENDIX A 



THE CONSTITUTION OF THE UNITED STATES. 

We, the people of the United States, in order to form a more per- 
fect union, establish justice, insure domestic tranquility, provide for the 
common defence, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish this 
Constitution for the United States of America. 

ARTICLE I. 

SECTION I. 

All legislative powers herein granted shall be vested in a Congress 
of the United States, which shall consist of a Senate and a House of 
Representatives. 

SECTION II. 

The House of Representatives shall be composed of members chos- 
en every second year by the people of the several States, and the elect- 
ors in each State shall have the qualifications requisite for electors of 
the most numerous branch of the State legislature. 

No person shall be a Representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an inhabitant of 
that State in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among the 
several States which may be included within this Union, according to 
their respective numbers, which shall be determined by adding to the 
whole number of free persons, including those bound to service for a 
term of years, and excluding Indians not taxed, three fifths of all oth- 
er persons. The actual enumeration shall be made within three years 
after the first meeting of the Congress of the United States, and within 
every subsequent term of ten years, in such manner as they shall by 
law direct. The number of Representatives shall not exceed one for 
every thirty thousand, but each State shall have at least one Represen- 
tative; and until such enumeration shall be made, the State of New 
Hampshire shall be entitled to choose three, Massachusetts eight, 
Rhode Island and Providence Plantations one, Connecticut five, New 



APPENDIX A ^6 

York six, New Jersey four, Pennsylvania eight, Deleware one, Mary- 
land six, Virginia ten, North Carolina five, South Carolina five, and 
Georgia three. 

Wheji vacancies happen in the representation from any State, the 
executive authority thereof shall issue writs of election to fill such va- 
cancies. 

The House of Representatives shall choose their SpeakeJ: and oth- 
er officers, and shall have the sole power of impeachment. 

SECTION III. 

The Senate of the United States shall be composed of two Senat- 
ors from each State, chosen by the legislature thereof, for six years; 
and each Senator shall have one vote. 

Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally as may be into three 
classes. The seats of the Senators of the first class shall be vacated 
at the expiration of the second year, of the second class, at the expira- 
tion of the fourth year, and of the. third class, at the expiration of the 
sixth year, so that one-third may be chosen every second year; and if 
vacancies happen by resignation or otherwise during the recess of the 
legislature of any State, the executive thereof may make temporary ap- 
pointments until the next meeting of the legislature, which shall then 
fill such vacancies. 

No person shall be a Senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United States 
and who shall not, when elected, be an inhabitant of that State for 
which he shall be chosen. 

The Vice-President of the United States shall be Presidctut of the 
Senate, but shall have no vote, unless they be equally divided. 

The Senate shall choose their other officers, and also a President 
pro tempore, in the absense of the Vice-President, or when he shall 
exercise the offxe of President of the United States. , 

The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice 
shall preside ; and no person shall be convicted without the concur- 
rence of two thirds of the members present. 

Judgment in cases of impeachment shall not eixtend further than 
to removal from office, and disqualification to hold and enjoy any of- 
fice of honor, trust, or profit under the United States ; but the party 
convicted shall nevertheless be liable and subject to indictment, trial 
judgment, and punishment, according to law. 

SECTION IV 

The times, places, and manner of holding elections for Senators 



236 APPENDIX A 

and Representatives shall be prescribed in each State by the legislature 
thereof; but the Congress may at any time by law make or alter such 
regulations, except as to the places of choosing Senators. 

The Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall 
by law appoint a different day. 

SECTION V. 

Each house shall be the judge of the elections, returns, and quali- 
fications of its own members, and a majority of each shall constitute 
a quorum to do business; but a smaller number may adjourn from day 
to da}^, and may be authorized to compel the attendance of absent mem- 
bers, in such manner, and under such penalties, as each house may pro- 
vide. 

Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and with the concurrence of two 
thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from time 
to time publish the same, excepting such parts as may in their judg- 
ment require secrecy; and the yeas and na3'^s of the members of either 
house on any question shall, at the desire of one fifth of those pres- 
ent, be entered on the journal. 

Neither house, during the session of Congress, shall, v/ithout the 
consent of the other, adjourn for more than three days, nor to any 
other place than that in which the two houses shall be sitting. 

SECTION VI. 'I '"''* 

The Senators and Representatives shall receive a compensation 
for their services, to be ascertained by law and paid out of the Treas- 
ury of the United States. They shall, in all cases except treason, fel- 
ony, and breach of the peace, be privileged from arrest during their 
attendance at the session of their respective houses, and in going to 
and returning from the same; and for any speech or debate in eithe>r 
house they shall not be questioned in any other place. 

No Senator or Representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of the 
United States, which shall have been created, or the emoluments where- 
of shall have been increased during such time; and no person holding 
any office under the United States shall be a member of either house 
durmg his continuance in office. 

SECTION VII. 

All bills for raising revenue shall originate in the House of Rep- 
resentatives; but the Senate may propose or concur with amendments 
as on other bills. 

Every bill which shall have passed the House of Representatives 



APPENDIX A 237 

and the Senate shall, before it become a law, be presented to the Presi- 
dent of the United States; if he approve he shall sign it, 
but if ^ not he shall return it, with his objections, to that 
house in which it shall have originated, who shall en- 
ter the objections at large on their journal and proceed to reconsider 
it. If after such reconsideration two thirds of that house shall agree 
to pass the bill, it shall be sent, together with the objections, to the 
other house, by which it shall likewise be reconsidered, and if ap- 
proved by two thirds of that house, it shall become a law. But in all 
such cases the votes of both houses shall be determined by yeas and 
nays, and the names of th& persons voting for and against the bill shall 
be entered on the journal of each house respectively. If any bill shall 
not be returned by the President within ten days (Sundays excepted) 
after it shall have been presented to him, the same shall be a law, in 
like manner as if he had signed it, unless the Congress by their ad- 
journment prevent its return, in which case it shall not be a law. 

Every order, resolutiorr, or vote to v/hich the concurrence of the 
Senate and House of Representatives may be necessary (except on a 
question of adjournment) shall be presented to the President of the 
United States; and before the same shall take effect, shall be approved 
by him, or being disapproved by him, shall be repassed by two thirds 
of the Senate and House of Representatives, according to the rules and 
limitations prescribed in the case of a bill. 

SECTION VIII. 

The Congre.ss shall have power to lay and collect taxes, duties, 
imposts, and excises, to pay the debts and provide for the common de- 
fence and general welfare of the United States; but all duties, imposts 
and excises shall be uniform throughout the United States ; 

To borrow money on the credit of the United States ; 

To regulate commerce with foreign nations and among the several 
States, and with the Indian tribes; , 

To establish an uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies throughout the United States; 

To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures ; 

To provide for the punishment of counterfeiting the securities 
and current coin of the United States ; 

To establish post-offices and post-roads; 

To promote the progress of science and useful arts by securing for 
limited times to authors and inventors the exclusive right to their re- 
spective writings and discoveries; 

To constitute tribunals inferior to the Supreme Court ; 

To define and punish piracies and felonies committed on the high 
seas and offences against the law of nations ; 

To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 



238 APPENDIX A 

To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years : 

To provide and maintain a navy; 

To make rules for government and regulation of the land and nav- 
al forces ; 

To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections, and repel invasions ; 

To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in "the ser- 
vice of the United States, reserving to the States respectively the ap- 
pointment of the officers, and the authority of training the militia ac- 
cording to discipline prescribed by Congress ; 

To exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession of 
particular States, and the acceptance of Congress, becomes the seat of 
the Government of the United States, and to exercise like authority 
over all places purchased by the consent of the legislature of the State 
in which the same shall be,for the erection of forts, magazines, ar- 
senals, dockyards, and other needful buildings ; and 

To make all laws which shall be necessary and proper for carrying 
into execution the foregoing powers, and all other powe'rs vested by 
this Constitution in the Government of the United States, or in any 
department or officer thereof. 

SECTION IX. '^ ' " 

The migration or importation of such persons as any of the 
States now existing shall think proper to admit shall not be prohib- 
ited by the Congress prior to the year one thousand eight hundred and 
eight, but a tax or duty may be imposed on such importation, not ex- 
ceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspend- 
ed, unless when in cases of rebellion or invasion the public safety may 
require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation, or other direct tax, shall be laid, unless in propor- 
tion to the census or enumeration hereinbefore directed to be taken. 

No tax or duty shall be laid on articles exported from any State. 

No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another; nor shall 
vessels bound to, or from, one State, be obliged to enter, clear, or pay 
duties in another. 

No money shall be drawn from the Treasury but in consequence 
of appropriations made by law; and a regular statement and account 
of the receipts and expenditures of all public money shall be publish- 
ed from time to time. 

No title of nobility shall be granted by the Unite4 States; an(i no 



APPENDIX A 230 

, person holding any office of profit or trust under them shall, without 
the consent of the Congress, accept of any present emolument, office, 
or title, of any kind whatever, from any king, prince or foreign state. 

SECTION X. 

No State shall enter into any treaty, alliance, or confederation ; 
grant letters of marque and reprisal ; coin money ; emit bills of cred- 
it ; make anything but gold and silver coin a tender in payment of 
debts; pass an}'^ bill of attainder, ex post facto law, or law impairing 
the obligation of contracts, or grant any title of nobility. 

No state shall, without the consent of Congress, lay any im- 
posts or duties on imports or exports, except what may be absolutely 
necessary for executing its inspection laws ; and the net produce of 
all duties and imposts, laid by any State on imports or exports, shall 
be for the use of the Treasury of the United States ; and all such laws 
shall be subject to the revision and control of the Congress. 

" No State shall, without the consent of Congress, lay any im- 
tonnage, keep troops or ships of war in time of peace, enter into any 
agreement or compact with another State, or with a foreign power, or 
engage in war, unless actually invaded, or in such imminent danger as 
will not admit of delay. 

ARTICLE II. 

SECTION I. 

The executive power shall be vested in a President of the United 
States of America. He shall hold his office during the term of four 
years, and together with the Vice-President, chosen for the same term, 
be elected as follows : 

Each State shall appoint, in such manner as the legislature thereof 
may direct, a number of electors, equal to the whole number of Sena- 
tors and Representatives to which the State may be entitled in the 
Congress ; but no Senator or Representative, or person holding an 
office of trust, or profit under the United States, shall be appointed an 
elector. 

(The electors shall meet in their respective States, and vote by 
ballot for two persons, of whom one at least shall not be an inhabi- 
tant of the same State with themselves. And they shall make a list 
of all the persons voted for, and of the number of votes for each ; 
which list they shall sign and certify, and transmit sealed to the seat 
of government of the United States, directed to the President of the 
Senate. The President of the Senate shall, in the presence of the Sen- 
ate and House of Representatives, open all the certificates, and the 
votes shall then be counted. The person having the greatest number 
of votes shall be the President, if such number be a majority of the 
whole number of electors appointed; and if there be more than one who 



240 Ai^PEI^DlX A 

have such majority, and have an equal number of votes, then the House 
of Representatives shall immediately choose by ballot one of them 
for President; and if no person have a majority, then from the five 
highest on the list the said House shall in like manner choose the 
President. But in choosing the President the votes shall be taken by 
States, the representation from each State having one vote; a quorum 
for this purpose shall consist of a member or members from two thirds 
of the States, and a majority of all the States shall be necessary to a 
choice. In every case, after the choice of the Presideitit, the person 
having the greatest number of votes of the electors shall be the Vice.- 
President. But if there should remain two or more who have equal 
votes, the Senate shall choose from them by ballot the Vice-Presi- 
dent.)* 

*This clause has been superseded by article XII., of the Amend- 
ments. 

The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes, which day shall be 
the same throughout the United States. 

No person except a natural-born citizen, or a citizen of the Unit- 
ed States at the time of the adoption of this Constitution, shall be 
eligible to the office of President ; neither shall any person be eligible 
to that office who shall not have attained to the age of thirty-five 
years, and been fourteen years a resident within th^ United States. 

In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties of 
the said office, the same shall devolve on the Vice-President, and the 
Congress may by law provide for the case of removal, death, resig- 
nation, or inability, both of the President and Vice-President, declar- 
ing what officer shall then act as President, and such officer shall act 
accordingly until the disability be remove'd or a President shall be 
ejected. 

The President shall, at stated times, receive for his services a 
compensation, which shall neither be increased nor diminished during 
the period for which he shall have been elected, and he shall not receive 
within that period any other emolument from the United States, or any 
of tlicm. 

Before he enter on the execution of his office he shall take the fol- 
lowing oath or affirmation: 

'T do solemnly swear (or affirm) that I will faithfully execute 
the office of President of the United States, and will to the best of my 
ability, preserve, protect, and defend the Constitution of the United 
States." > 

SECTION II. 

The President shall be Commander-in-chief of the army and 
navy of the United States, an4 of the militia of the several States.. 



when called into the actual service of the United States; he may re- 
quire the opinion, in v/riting, of the principal officer in each of the ex- 
ecutive departments, upon any subject relating to the duties of their 
respective offices, and he shall have power to grant reprieves and par- 
dons for offenses against the United States, except in cases of im- 
peachment. 

He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the Senators present 
concur; and he shall nominate, and, by and with the advice and con- 
sent of the Senate, shall appoint ambassadors, other public ministers 
and consuls, judges of the Supreme Court, and all other officers of the 
United States, whose appointments are not herein otherwise provided 
for, and which shall be established by law ; but the Congress may by 
law vest the appointment of such inferior officers, as they think prop- 
er, in the President alone, in the courts of law, or in the heads of de- 
partments. 

The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions which 
shall expire at the end of their next session. 

SECTION III. 

He shall from time to time give to the Congress information 
of the state of the Union, and recommend to their consideration such 
measures as he shall judge necessary and expedient; he may, on ex- 
tr<aordinary occasions, convene both houses, or either of them, and in 
case of disagreement between them, with respect to the time of ad- 
journment, he may adjourn them to such time as he shall think prop- 
er ; he shall receive ambassadors and other public ministers ; he shall 
take care that the laws be faithfully executed, and shall commission 
all the officers of the United States. 

SECTION IV. 

The President, Vice-President, and all civil officers of the United 
States, shall be removed from office on impeachment for, and convic- 
tion of, treason, bribery, or other high crimes and misdemeanors. 

ARTICLE HI. 

SECTION I. 

The judicial power of the United States shall be vested in one Su- 
preme Court, and in such inferior courts as the Congress may from 
time to time ordain and establish. The judges, both of the supreme 
and inferior courts, shall hold their offices during good behavior, and 
shall, at stated times, receive for their services a compensation which 
shall not be diminished during their continuance in office. 



242 APPENDIX A 



SECTION IL 

The judicial power shall extend to all cases, in law and equity, 
arising under this Constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority ; to all 
cases affecting ambassadors, other public ministers, and consuls; to 
all cases of admiralty and maritime jurisdiction; to controversies to 
which the United States shall be a party ; to controversies between 
two or more States ; between a State and citizens of another State ; 
between citizens of different States ; between citizens of the same 
State claiming lands under grants of different States, and between a 
State, or the citizens thereof, and foreign states, citizens or sub- 
jects. 

In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. In all the othe^r cases before 
mentioned, the Supreme Court shall have appellate jurisdiction, both 
as to law and fact, with such exceptions and under such regulations 
as the Congress shall make. 

The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the State where the said crimes 
shall have been committed ; but when not committed within any State, 
the trial shall be at such place or places as the Congress may by law 
have directed. 

SECTION III. 

Treason against the United States shall consist only in levying 
v/ar against them, or in adhering to their enemies, giving them aid and 
comfort. No person shall be convicted of treason unless on the tes- 
timony of two witnesses to the same overt act, or on confession in 
open court. , 

The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood, or 
forfeiture except during the life of the person attainted. 

ARTICLE IV. 

■ SECTION I. 

Full faith and credit shall be given in each State to the public 
acts, records, and judicial proceedings of every other State. And the 
Congress may by general laws prescribe the manner in which such 
acts, records, and proceedings shall be proved, and the effect thereof. 

SECTION II 

The citizens of each State shall be entitled to all privileges and 
immunities of citizens in the several States. 



APPENDIX A 243 



A person charged in any State with treason, fdony, or other 
crime, who shall flee from justice, and be found in another State, 
shall, on demand of the executive authority of the State: from which 
he fled, be delivered up, to be removed to the State having jurisdic- 
tion of the crime. 

No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or reg- 
ulation therein, be discharged from such service or labor, but shall 
be delivered up on claim of the party to whom such service or labor 
may be due. 

SECTION III. 

New States may be admitted by the Congress into this Union ; but 
no new State shall be formed or erected within the jurisdiction of 
any other State; nor any State be formed by the junction of two or 
more States or pkrts of States, without the consent of the le^slatures 
of the States concerned as well as of the Congress. 

The Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property be- 
longing to the United States ; and nothing in this Constitution shall 
be so construed as to prejudice any claims of the United States or of 
any particular State. 

. . SECTION IV. 

The United States shall guarantee to every State in this Union 
a republican form of government, and shall protect each of them 
against invasion ; and on application of the legislature, or of the execu- 
tive (when the legislature cannot be convened, against domestic 
violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the 
application of the. legislature of two-thirds of the several States, 
shall call a convention for proposing amendments, which, in either 
case, shall be valid to all intents and purposes as part of this Consti- 
tution, when ratified by the legislatures of three-fourths of the several 
States, or by conventions in three-fourths thereof as the one or the 
other mode of ratification may be proposed by the Congress ; provid- 
ed that no amendments which may be made prior to the year one 
thousand eight hundred and eight shall in any manner affect the first 
and fourth clauses in the ninth section of the first article; and that 
no State, without its consent, shall be deprived of its equal suffrage 
in the Senate. 



244 APPENDIX A 

ARTICLE VI. 

All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation, 

This Constitution, and the laws of the United State.s which 
shall be made in pursuance thereof, and all treaties made, or which 
shall be made, under the authority of the United States, shall be the 
supreme law of the land; and the judges in every State shall be 
bound thereby, anything in the Constitution or laws of any State 
to the contrary notwithstanding. 

The Senators and Representatives before mentioned, and the 
members of the several State legislatures, and all executive and 
judicial officers both of the United States and of the seve,ral States, 
shall be bound by oath or affirmation to support this Constitution ; 
but no religious test shall ever be required as a qualiiication to any 
office or public trust under the United States. 

ARTICLE VII. 

The ratification of the conventions of nine States shall be suffici- 
ent for the establishment of this Constitution between the States 
so ratifying the same. 

Done in Convention by the unanimous consent of the States 
present, the seventeenth day of September, in the year of our 
Lord one thousand seven hundred and eighty-seven, and of the 
Independence of the United States of America the twelfth. In 
Vv^'itness whereof, we have hereunto subscribed our names. 
George Washington, President, and Deputy from Virginia. 
New Hampshire — John Langdon, Nicholas Oilman. 
Massachusetts — Nathaniel Gorham, Rufus King. 
Connecticut — William Samuel Johnson, Roger Sherman. 
New York — Alexander Hamilton. 
New Jersey — William Livingston, David Brearly, William Paterson, 

Jonathan Dayton. 
Pennsylvania — Benjamin Franklin, Thomas Mifflin, Robert Morris, 

George Clymer, Thomas Fitzsimons, Jared Ingersoll, James 

Wilson, Gouveneur Morris. 
Delaware— George Read, Gunning Bedford, Jr., John Dickinson, 

Richard Bassett, Jacob Broom,. 
Maryland — James McHenry, Daniel of St. Thomas Jenifer, Daniel 

Carroll. 
Virginia — John Blair, James Madison, Jr. 
North Carolina — William Blount, Richard Dobbs Spaight, Hugh 

Williamson. 
South Carolina — John Rutledge, Charles Cotesworth Pinckney, 

Charles Pinckney, Pierce Butler. 
Georgia— William Few, Abraham Baldwin. 

Attest; WauAM Jacksojt, Secretary. 



APPENDIX A 245 

AMENDMENTS 

ARTICLE I. 

Congicss shall make, no law respectinv? an establishment of re- 
ligion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech or of the press ; or the right of the people 
peaceably to assemble, and to petition the government for a redress 
of grievances. 

ARTICLE II. 

A well-regulated militia being necessary to the security of a 
free State the right of the people to keep and bear arms shall not be 
infringed. , 

ARTICLE in. 

No soldier shall, in time of peace, be quartered in any house with- 
out the consent of the owner, nor in time of war, but in a manner to be 
prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, houses, 
papers, and efforts, against unreasonable searches, and seizures, 
shall not be violated, and no warrants shall issue but upon 
probable cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the person or things to be 
seized. 

ARTICLE V. 

No person shall be held to answer for a capital, or otherwise 
infamous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the, land or naval forces, or in the 
militia, when in actual service in time of war or public danger; nor 
shall any person be subject for the same offence to be twice put 
in jeopardy of life or limb; nor shall be compelled in any criminal 
case to be a witness against himself, nor be deprived of life, liberty, 
or properity, without due process of law; nor shall private property 
be taken for public use without just compensation. 

ARTICLE VI. 

In all criminal prosecutions the accused shall enjoy the right to_ a 
speedy and public trial, by an impartial jury of the State and district 
wherein the crime shall have been committed, which district shall 



246 APPENDIX A 

have been previously ascertained by law, and to be informed of the 
nature and cause of the accusation ; to be confronted with the wit- 
nesses against him; to have compulsory process for obtaining wit- 
nesses in his favor, and to have the assistance of counsel for his 
defence. 

ARTICLE VII. 

In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried bv a jury shall be otherwise re-examined in any 
court of the United States, than according to the rules of the common 
law. 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution, of certain rights, shall not 
be construed to deny or disparage others retained by the people. 

ARTICLE X. 

The powers not delegated to the United States by the Constitu- 
tion, nor prohibited by it to the States, are reserved to the States 
respectively or to the people. 

ARTICLE XI. 

The judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prosecuted 
against one of the United States by citizens of another State, or by 
citizen or subjects of any foreign State. 

ARTICLE XII. 

The electors shall meet in their respective States, and vote by 
ballot for President and Vice-President, one of whom, at least, shall 
not be an inhabitant of the same State with themselves ; they shall 
name in their ballots the person so voted for as President, and in 
distinct ballots the person voted for as Vice-President, and they shall 
make distinct lists of all persons voted for as President and all 
persons voted for as Vice-President, and of the number of votes for 
each, which lists they shall sign and certify, and transmit sealed to the 
seat of government of the United States, directed to the President of 
the Senate; the President of the Senate shall, in the presence of the 



APPMdIX A 247 

Senate and House of Representatives, open all the certificates an3 the 
votes shall then be counted; — the person having the greatest number 
of votes for President shall be the President, if such number be a ma- 
jority of the whole number of electors appointed; and if no person 
have such majority, then from the persons having the highest numbers 
not exceeding three on . the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the Pres- 
ident. But in choosing the President, the votes shall be taken by States, 
the representation from each State having one vote ; a quorum for this 
purpose shall consist of a member or members from two-thirds of 
the States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose a Presi- 
dent whenever the right of choice shall devolve upon them, before the 
fourth day of March next following, then the Vice-President shall act 
as President, as in the case of the death or other constitutional dis- 
ability of the President. The person having the greatest number of 
votes as Vice-President shall be th^ Vice-President, if such number be 
a majority of the whole number of electors appointed, and if no per- 
son have a majority, then from the two highest numbers on the list the 
Senate shall choose the Vice-President; a quorum for the purpose 
shall consist of two-thirds of the whole number of Senators, and a ma- 
jority of the whole number shall be necessary to a choice. But no per- 
son constitutionally ineligible to the office of Prqjsident shall be eligi- 
ble to that of Vice-President of the United States. 

ARTICLE XHI. 

Section i. Neither slavery nor involuntary servitude, ejxcept as 
a punishment for crime whereof the party shall have been duly con- 
victed, shall exist within the United States, or any place subject 
to their jurisdiction. 

Section 2. Congress shall have power to enforce this article 
by appropriate legislation. 

ARTICLE XIV. 

Section i.- All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside. No State shall 
make or enforce any law which shall abridge the privileges or immu- 
nities of citizens of the United States; nor shall any States deprive 
any person of life, liberty, or property, without due process of law; 
nor deny to any person within its jurisdiction the equal protection of 
the laws. 

Section b.. .Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole 
number of persons in each State, excluding Indians not taxed. But 
when the right to vote at any election for the choice of electors . fpr 



248 APPEKBIXA 

President and Vice-President of the United States, Representatives 
in Congress, the executive and judicial officers of a State, or the 
members of the legislature thereof, is denied to any of the male in- 
habitants of such State, being twenty-one years of age, and citizens 
of the United States, or in any way abridged, except for participation 
in rebellion, or other crime, the basis of representation therein shall 
be reduced in the proportion which the number of such male citizens 
shall bear to the whole number of male citizens twenty-one years of 
age in such State. 

Section 3. No person shall be a Senator or Representative in 
Congress, or elector of President and Vice-President, or hold any 
office, civil or military, under the United States or under any State, 
who, having previously taken an oath, as a member of Congress, or as 
an officer of the United States, or as a member of any State legisla- 
ture, or as an executive or judicial officer of any State, to support the 
Constitution of the United States, shall have engaged in insurrection 
or rebellion against the same, or giving aid or comfort to the ene- 
mies thereof. But Congress may, by a vote of two thirds of each 
house, remove such disability, 

Sfxtion 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pensions 
and bounties for services in suppressing insurrection or rebellion, shall 
not be questioned. But neither the United States nor any State shall 
assume or pay any debt or obligation incurred in aid of insurrection 
or rebellion against the United States, or any claim for loss or eman- 
cipation of any slave ; but all such debts, obligations, and claims shall 
be held illegal and void. 

Section 5. The Congress shall have power to enforce, by ap- 
propriate legislation, the provisions of this article. 

ARTICLE XV. 

Section i. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States or by any State 
on account of race, color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce this arti- 
cle: by appropriate legislation.! 

IThe first ten amendments were proposed in 1789, and declared 
adopted in 1791. 

The eleventh amendment was proposed in 1794, and declared 
adopted in 1798. 

The twelfth amendment was proposed in 1803, and declared adopt- 
ed in 1804. 

The thirteenth amendment was proposed and adopted in 1865. 

The fourteenth amendment was proposed in 1866, and adopted in 
1868. 

The fifteenth amendment was proposed in 1866, and adopted in 
1870. 



APPENDIX B 

QUESTIONS ON CIVIL GOVERNMENT. 



CHAPTER I. 

THE MEANING OF GOVERNMENT. 

I. What is government? 
2. , Why is it necessary ? 

3. What are the chief purposes for which it exists? 

4. Name some other things which are attended to by the govern- 
ment. 

5. Name some different kinds of government. 

6. Explain why government is necessary in the family. 

7. Name some of the privileges which a child possesses in family 
government. 

8. Name some of the duties of a child in family government. 

9. Why is the child subject to these duties? 
ID. Why is government necessary in the school? 

11. Explain the pupil's interest in such government. 

12. Compare the rules of the school with baseball rules. 

13. Show how the citizen is interested in the government of the 
state. 

14. Compare the laws of a state with the rules of school and family 
governments. 

15. Does a citizen have rights in a state? 

16. Is he subject to duties? 

17. Explain the relation between these rights and duties. 

CHAPTER H. 
DIVISIONS AND DEPARTMENTS OF GOVERNMENT. 

1. Why is it necessary to have divisions of government? 

2. Name the divisions of government in the United States. 

3. Name some of the different kinds of local government. 

4. What are some important matters attended to by local govern- 
ments ? 

5. Name some of the important things performed by state govern- 
ments. 

6. What matters are dealt with by the national government? 



SBd APPENDIX B 

7. Name the different departments of government. 

8. Explain the nature of the work of the legislative department. 

9. What is necessary in order that the laws shall represent the will 
of the people? 

10. For what purpose does the judicial department exist? 

11. How is a just interpretation of the law secured? 

12. Show what is attended to by the executive department. 

13. What is necessary in the execution of the law? 

14. How is it secured? 



CHAPTER ni. 

OFFICIALS AND ELECTIONS. 

1. Define an official. 

2. Why are officials necessary ? 

3. Do the people ever act for themselves in deciding matters? 

4. Give an example. 

5. Name the different methods of choosing officials. 

6. Define election. 

7. Define appointment. 

8. Give an example of an official who is elected and of one who 
is appointed. 

9. When are national, state and county elections held? 
ID. When are city and school elections held? 

11. Define suffrage. 

12. Who possess the suffrage in Missouri? 

13. What is a political party? 

14. What does it do? 

15. How does it nominate candidates for office? 

16. What is a ballot? 

17. Explain the method of voting. 

18. Explain the method of counting the votes. 

19. Who is declared elected? /^ 



CHAPTER IV. 
COUNTIES AND TOWNSHIPS. 

1. What is the principle of local self government? 

2. Name the divisions of local government. 

3. Which is the largest division? 

4. Where did the county have its origin? 

5. How was it introduced into America? 

6. What was the original number of counties in Missouri? 



APPENDIX B 2§1 

7. How many counties are in Missouri today? 

8. How were the boundaries of these counties fixed? 

9. How may they be changed? 

10. What is the average area of counties in Missouri? 

11. What is the average population of such counties? 

12. Give area and population of your county.. 

13. What is a county seat? 

14. What is necessary in order to change its location? 

15. How are the number and kind of county officials determined? 

16. How are most of the county officials chosen? 

17. For what terms are they chosen? 

18. Explain the different methods provided for the compensation of 
such officials. 

19. Name the county officials. 

20. Who compose the county court and how are they chosen? 

21. What are the chief duties of the county court? 

22. Are these judicial duties? 

23. Why is it called a court? 

24. W^hat is the chief duty of the county clerk? 

25. Name some of his other duties. 

26. Explain the duties of the circuit clerk. 

27. What are the duties of the recorder of deeds? 

28. Give an account of the duties of the sheriff . 
29 What is done by the coroner? 

30. W^hat is the chief duty of the prosecuting attorney? 

31. Explain the duties of the probate judge and public administrator. 

32. What kind of matters are attended to by the assessor, collector 
and treasurer? 

SS- What control is kept over the treasurer? 

34. Explain the duties of the surveyor. 

35. Into what divisions is the county divided? 

36. For what purpose are such divisions made? 

S7. What is the general difference between a municipal township and 
an incorporated township? 

38. Name and explain the general duties of the officials of the munici- 
pal townshin? 

39. How may incorporated townships be established in any county? 

40. Do they exist in your county? 

41. What matters are attended to by an incorporated township? 

42. Name the officials of an incorporated township. 

43. What is a congressional township? 

44. For what purpose was it established? 

45. Draw a congressional township showing the quarter section in 
which you live. 



252 APPENDIX B 

CHAPTER V. 
CITIES, TOWNS AND VILLAGES. 

1. Why is there a special kind of government for cities? 

2. Name some of the special needs resulting from the thickly settled 
population of cities. 

3. What is a city charter? 

4. How is it created? 

5. How can a community become incorporated as a city? 

6. Why are different classes of cities provided? 

7. Name and explain the different classes in Missouri. 

8. In what class is your city? 

9. What are the different departments of city government? 

10. What are the duties of the legislative department? 

11. What is the name of the legislative department of your city? 

12. How are its members chosen? 

,13. Who is the chief executive of your city? 

14. What are his duties? 

15. What is the term of office of your mayor? 

16. Name the other important executive officials of a city. 

17. How many of these are in your city? 

18. For what purpose do the city courts exist? 

19. Who holds the city court in your city? 

20. Give some examples of the rapid growth of cities in the United 
States. 

21. Show how this growth has affected the problems of city govern- 
ment? 

22. What is a municipal franchise ? 

23. By whom is it granted ? ^ ' ' V^ 

24. What evils have been connected with such grants? * 

25. What is municipal ownership? ; 

26. Name some arguments in favor of the same. 

27. Name some arguments against municipal ownership. ^ 

28. Explain the reform of the civil service in cities. 

29. Show how public opinion can secure municipal reform. 

30. Why is it difficult to arouse public opinion? '" 

31. Why should a citizen be interested in municipal reform? 

CHAPTER VI. I 

THE STATE CONSTITUTION. 

I. Where do we find the origin of American states? 

?, How were the colonies changed into states ? ; 



APPENDIX ]» ^53 

3. Explain the nature of the colonial charter. 

4. Show its relation to the state constitution. 

5. What was the original form of government in Missouri? 
5. How and when did Missouri become a state? 

7. Name the general classes of matters dealt with by the Constitu- 
tion of Missouri. 

8 Explain the bill of rights. 

9 Name some important rights guaranteed to the individual. 
ID. Why is it necessary to amend the constitution? 

11. What is necessary in order to amend the constitution of Missouri? 

12. What is meant by a revision of the constitution? 

13. How may the constitution of Missouri be revised? 

14. How many times has it been revised? 

CHAPTER Vn. 
THE STATE LEGISLATURE.,. 

1. What is the name of the legislative department of Missouri? 

2. What are the names of its two houses? 

3. What are the terms of office of senators and representatives? 

4. Explain the two classes of senators. 

5. Explain the ratio of representation in the house of representa- 
tives. 

6. Show how representatives are divided according to this ratio. 

7. If the population of a county is less than the ratio how is it rep- 
resented? 

8. How many members has the house of repsentatives in Missouri? 

9. How^ many members has the senate? 

10. How are senators chosen? 

11. How are senatorial districts formed? 

12. Explain gerrymandering. 

13. What are the qualifications of a representative? 

14. Of a senator? 

15. When are the regular sessions of the General Assembly held? 

16. When may extra sessions be held? 

17. What is the compensation of members of the General Assembly? 

18. How does this affect the length of the session? 

19. What is mileage? 

20. Define a quorum. 

21. What is the quorum of each house of the Missouri legislature? 

22. Name the chief officials of each house and state how they are 
chosen. 

23. What are committees? 

24. What do they do? 

35. How are bills introduced? 

26. W^hat is necessary before the bill can be voted upon? 

27. What vote is required to pass a bill? 



254 APPENDIX B 



28. After a bill has passed both houses what is necessary before it 
can become a law? 

29. How much time is allowed the governor to sign the bill? 

30. What is a veto? 

31. What is neccessary to pass a bill over the veto? 

33. Explain lobbying. 

23. When it is legal and beneficial? 

34. When is it illegal and harmful? 

35. What has led to restrictions upon the legislature? 

36. Where are these restrictions to be found? 

37. Name some of these restrictions. 

38. When do laws ordinarily begin to take effect? 

39. When may they take effect at an earlier date? 

40. How and by whom are the laws published? 

41. What are the revised statutes? 

42. When and by whom are they prepared for publication? 



CHAPTER Vni. 
THE STATE EXECUTIVE. 

1. Who is the chief executive of the state? 

2. By whom and for what term is he chosen? 

3. What qualifications must he, possess? ' 

4. What is his salary? 1 

5. How and for what term is the lieutenant-governor chosen? 

6. What is his salary? 

7. What are his duties? 

8. Who succeeds the governor if there is a vacancy in the office 
of lieutenant-governor ? 

9. What is the governor's power with regard to the execution of 
the laws in general? 

10. What are his military powers? , : . ., 

11. Explain his power of appointment. ' * ' i r| 

12. What is a reprieve? * ' '^ 

13. What is a commmutation ? - 

14. What is a pardon? 

15. What are the governor's powers and duties in regard to the 
legislature ? 

16. What other officials of the executive department are provided by 
the Constitution? 

17. By whom and for what terms are they chosen? 

18. What salary does each receive? 

19. In what way are additional officials of the executive department 
provided ? 

20. How are most of them chosen? 

21. Explain the duties of the secretary of state. 



APPENDIX B 255 

22. For what purposes does the state have a military organization? 
22,. What is the name of such organization? 

24. Who compose the National Guard in time of peace? 

25. Who has charge of the military affairs of the state? 

26. Name some of the state boards and institutions which exist 
for the promotion of agriculture and similar industries. 

27. Name some of the state officials who look after the interests of 
labor. 

28. What are the duties of the bo?rd of railroad commissioners? 

29. Explain the duties of the superintendent of insurance. 

30. Who attends to the inspection of banks and other financial insti- 
tutions ? 

31. Explain the duties of the state board of health. 

32. Name some of the boards which conduct examinations and issue 
licenses for the practice of professions and occupations? 

ZZ- What is the duty of an inspector of petroleum? 



CHAPTER IX. 

TAXATION AND REVENUE. 

1. For what purposes does a government need money? 

2. From what source can this money be obtained? 

3. Explain why it is just to compel the people to give money to 
the government. 

4.; Define la tax. 

5. Define public revenue. 

6. Why is it unjust to require everyone to pay an equal amount of 
taxes. 

7. What is the general property tax? 

8. Define assessment. 

9. Who assesses property? 

ID. How may the errors of an assessor be corrected? 

11. What are the duties of the state board of equalization? 

12. Define the rate of taxation. 

13. How is it fixed for state and local purposes? 

14. Who attends to the collection of taxes? 

15. What is a delinquent tax? 

16. How is its payment enforced? 

17. Name some other kinds of taxes. 

18. What percentage of the revenue of the state is derived from the 
general property tax? 

19. When it is necessary for the government to borrow money? 

20. What are bonds? 



jB^ At»PENDl3t B 

21. What is necessary before money can be borrowed or bonds Issued? 

2J. What are some of the largest items of expenditure of the state? 

23. Who keeps the revenue of the state and local governments ? 

24. Under what conditions can the treasurer pay out public money? 

25. In what way is a check kept upon the acts of collector and treas- 
urer? 

26. Who attends to this for the state? 

27. For the local governments? 

CHAPTER X. 

PUBLIC EDUCATION. 

1. What is the value of an education to an individual? 

2. What is its value to the state? 

3. Why are public free schools necessary? 

4. What return can the state expect from those who receive public 
education ? 

5. Name the branches of public education in Missouri. 

6. In whose hands is the government of elementary and high schools? 

7. Name the different classes of school districts. 

8. What is ordinarily true of the size of a common school district? 

9. What is the advantage of having a small common school district? 
ID. What is the disadvantage? 

iti. What is a consolidated district? 

12. Compare area and population of city and common school districts. 

13. What is the governing authority of a school district? 

14. How and when are the school directors chosen? 

15. Explain the difference in the composition of the school board in 
city and common school districts? 

16. What arc the general powers of the school board? 

17. What is the length of the school term in your district? 

18. What is meant by a "person of school age?" 

19. What is the compulsory education law? 
ao. What is a teacher's certificate? 

21. How may it be obtained? 

22. What are the duties of a principal and superintendent? 

23. Explain county supervision. 

24. Explain the duties of the county board of education and county 
school commissioner. 

25. Give an account of the duties of the state superintendent of public 
schools. 

26. What are the classes of revenue for school purposes? 

27. Name the different classes of public school funds. 

28. Give an account of the appropriations by the General Assembly 
for public school purposes. / 



APPEKDIX B 25? 

29. What is the chief purpose for which normal schools aire establish" 
ed? 

30. Explain the governing authority of such schools. 

31. How are these schools supported? 

Z'i. Explain the governing authority of the University of Missouri. 

■Ti2)- Name some of the departments of the University. 

34. Name the different sources from which it derives its support. 

CHAPTER XI. 
CHARITIES AND CORRECTIONS. 

1. Name some of the different forms of public charity. 

2. What divisions of government attend to the giving of relief to 
the poor? 

3. In v/hat different ways is this relief furnished? 

4. Is there a county infirmary in your county? 

5. Where is it located? 

6. Define eleemosenary institutions. 

7. For what purposes does the state maintain such institutions? 

8. How are they managed? 

9. For what purposes are the Training School for Boys and the In- 
dustrial Home for Girls maintained? 

10. Explain the purposes for which jails and calabooses are estab- 
lished. 

11. What is the penitentiary? 

12. What classes of prisoners are confined in it? 

13. Explain the contract system in the penitentiary. 

14. Explain the government of the penitentiary. 

15. What is the duty of the State Board of Charities and Corrections? 

CHAPTER XII. 
JUDICIAL DEPARTMENT. 

1. For what purposes are courts established? 

2. Name the different classes of disputes. 

3. Define a civil suit.) 

4. Define a criminal case. 

5. Define a plaintiff. 

6. Define a defendant. 

7. Name the different grades of courts in Missouri. 

8. How is the justice of the peace chosen? 

9. How many are chosen in each township? 

ID. What kinds of cases are brought before a justice of the peace? 

11. How is the constable chosen? 

12. What are his duties? 

13. By whom is the circuit judge chosen? 



258 APPENDIX B 

14. Where is the circuit court held? 

15. Who are the administrative officials of the circuit court? 

16. What are the duties of the sheriff? 

17. What are the duties of the circuit clerk? 

18. What are the duties of the prosecuting attorney? 

19. Who may arrest a person charged with a crime? 

20. What is the object of a preliminary trial? 

21. What is bail? 

22. What is an indictment? 

23. What is an information? 

24. Give an account of a criminal trial. 

25. Give an account of a civil trial. 

26. What differences exist in the rule regarding the manner of reach- 
ing a verdict by the jury in civil and criminal cases? 

27. What is an appeal? 

28. On what grounds may it be demanded? 

29. What action may be taken by a higher court on an appeal? 

30. Name the different courts of appeals in Missouri. 

31. What is the general difference between the kind of cases decided 
by the courts of appeals and the supreme court? 

32. How many judges compose each court of appeals? 
2,3. What are their terms and how are they chosen? 

34. How many judges compose the supreme court? 

35. By whom and for what term are they chosen? 

36. Define impeachment. 

37. How may an official be impeached? 

38. By whom is he tried? 

39. What is necessary to a conviction? 

CHAPTER XHI. 

THE NATIONAL CONSTITUTION. 

^ I. Name some of the examples of union among the colonies before 
independence. 

2. Why was it necessary to have a united government after the states 
became independent? 

3. How v/as this originally provided? 

4. What were the Articles of Confederation? 

5. Why were they unsatisfactory? 

6. Why could not these defects be remedied? 

7. How was the Constitution adopted? 

8. How was it ratified? 

9. What models were followed in iraming the Constitution? 

10. Did the Constitution contain a bill of rights? 

11. How was it secured? 

12. How did the Constitution provide for a division of powers be^ 
tween the states and the national government? 



APPENDIX B 259 

13. How is one government prevented from exercising the powers 
belonging to the other? 

14. What is the usual method for amending the national constitution? 

15. How does this method com.pare with the method of amending the 
constitution of Missouri? 

CHAPTER XIV. 
ORGANIZATION OF CONGRESS. 

1. What is the name of the legislative department of the national 
government ? 

2. What are the names of its two houses? 

3. Why was it composed of two houses? 

4. Why is the house of representatives known as the popular branch 
of Congress? 

5. 'What is the term of office of representatives? 

6. According to what principle are they distributed among the states? 

7. What is meant by the, ratio of representation? 

8. How often is it changed? 

9. What is the present ratio? 

10. What is the present membership of the house of representatives? 

11. How many of these are from Missouri? 

12. What is a representative district and for what purpose is it es- 
tablished? 

13. Explain the composition of the senate. 

14. How are senators chosen? 

15. What demand exists for a change in this method? 

16. Explain the classes of senators. 

17. What is the advantage of this plan? ' "v 

18. How is a vancancy in the house of representatives filled? ^ 

19. In the senate? i 

20. State the qualifications of a representative. 

21. Of a senator. 

32. What special privileges are given to members of congress?. 

23. What compensation do they receive? . . 

24. Name the important officials of the two houses and state how 
they are chosen. 

25. Explain the difference in the manner of appointing committees in 
the two houses. 

26. When are the regular sessions of congress held? 

27. How may special sessions be called? 

28. What is the quorum of each house,? t 01 i 

CHAPTER XV. 
MODE OF LEGISLATION. 
I, Explain the general method of enacting laws by congress. ^ 



260 APPENDIX B 

2. What difference exists in the the vote required to pass a bill in 
congress and in the Missouri legislature? 

3. Explain the president's veto power. 

4. "What is the general power of the speaker of the house of represen- 
tatives? 

5. To what is this due? 

6. Explain how the speaker is able to influence legislation. 

7. Upon what does the speaker's power depend? 

8. Explain the restrictions upon debate which have been introduced 
in the house of representatives. 

9. Compare this with the situation in the senate. 

10. Explain the abuse of the freedom of debate in the senate. 

11. Show how the president can influence legislation. 

CHAPTER XVI. 
POWERS OF CONGRESS 

I. REVENUE AND EXPENDITURES. 

1. Name the general classes of powers of congress. 

2. What restriction exists upon its power to levy a direct tax? 

3. Name the general classes of taxes levied by congress. 

4. What are taxes on imports? 

5. What is a protective tariff? 

6. What is meant by free trade? 

7. How and by whom are import duties collected? 

8. What are internal revenue taxes? 

9. Hov/ and by whom are they collected? 

ID. What is meant by uniformity of taxation in the United States? 

11. What other sources of revenue are possessed by the national gov- 
ernment ? 

12. Under what conditions must the government borrow money? 

13. What are bonds? 

14. What is the amount of the bonded debt of the United States? 

15. What authority has the control over the expenditures of the na- 
tional government? 

16. How does it authorize expenditures? 

17. State approximately the total revenue of the United States for the 
year 1904-1905. 

18. Same for expenditures. 

19. What were the largest items of revenue? 

20. What were the largest items of expenditure? 

II. MONEY. 

21. Name the two general classes of money in the United States. 

22. What are the different kinds of coins? 



APPENDIX B 261 

J3. Name the different kinds of paper money. 

24. What are coin certificates? 

25. Explain national bank notes. 

26. What are United States notes? 

27. State approximately the total amont of money in circulation in 
the United States on January i, 1906. 

III. COMMERCE. 

28. What kind of commerce is regulated by the states? 

29. What kind is regulated by congress? 

30. Name some of the regulations which may be made by congress. 

31. What is an immigrant? 

32. Name some restrictions upon immigration. 

IV. POSTAL BUSINESS. 

33 How is the postal business managed? 

34. What kinds of business does it include? 

35. What is a money order? 
2>^. What is free delivery? 

ZT. What is rural free delivery? 



38 
.30, 
40 
4^ 
4^ 
43 
44 
45 



V. WAR AND MILITARY AFFAIRS. 

How may war be declared? 

What are the different kinds of military forces? 

What has been the policy regarding the standing army? 

What led to an increase in its numbers? 

What is the militia? 

How may it be called into the service of the national government? 

What is the approximate number of the naval forces? 

W^hat is the system of military pensions? 

VI. NATIONAL TERRITORY AND INDIANS. 



46. Name the kinds of national territory. 

47. What is the District of Columbia? 

48. Explain its government, 
40. What are the territories? 

50. Name the existing territories. 

51. In what way is their government provided? 

52. What differences exist in their government? 

53. How are territories admitted as states into the Union? 

54. How does congress provide for the government of the Indians? 

55. What is the public land? 

56. How was it acquired? 

57. What disposition ha§ been made of it? 



26^ APPENDIX B 



* VII. MISCELLANEOUS POWERS. 

58. How may one become a citizen of the United States? 

59. Define an alien. 

60. Define naturalization. 

61. Explain the process of naturalization. 

62. What is a patent? 

63. What is a copyright? 

64. Explain the pov/ers of Congress over the executive and judicial 
departments. 

65. What crimes may be defined by congress? 

66. What is meant by the implied powers of congress? 

67. What differences of opinion exist regarding this power? 

68. Name an implied power exercised by congress. 

69. What are some of the special t^owers of the house of representa- 
tives? 

70. Of the senate.' 

71. Name some of the restrictions upon the powers of congress. 

72. Define eminent domain, 

73. How is it restricted? 

CHAPTER XVn. 
THE PRESIDENT, 

L ORGANIZATION OF THE PRESIDENCY. 

1. What is the term of office of the president? 

2. What has become the rule regarding the number of terms for 
which one can be chosen president? 

3. What are the qualifications for the office of president? 

4. What is thQ salary of the president? 

5. What is meant by the indirect election of the president? 

6. In what way has it been made practically direct? 

7. How many electors has each state? 

8. How many has Missouri? 

9. How are electors nominated? 

10. How are they instructed? 

11. How and when are they elected? 

12. What is meant by the general ticket in elections? 

13. When and where do the electors meet to cast their votes? 

14. How are the votes of the electors counted? 

15. How many votes are necessary to elect the president and vice- 
president ? 

16. How is the election decided if no one receives a majority of all the 
votes for president? 

17. For vice-president? 



At*PENDIX B 26S 

i8. Who succeeds in case of a vacancy in the office of president? 

19. Who succeeds in case there is no vice-president? 

II. POWERS AND DUTIES OF THE PRESIDENT, 

20. What is meant by foreign affairs? 

21. Through what officials does the president act in these matters? 

22. What are treaties? 

£3. How are they made and ratified? 

24 What is the president's position with regard to military afFairs? 

25. Name the president's legislative powers. 

26. Name his judicial powers. 

27. How are the other officials of the executive department chosen? 

28. Compare with rule in Missouri. 

29. What is the executive civil service? 

30. How many officials did it include in IQ05? 

31. What is meant by political appointments and removals? 
S2. What evils resulted from this practice? 

23. How were they remedied? 

34 Explain the system of competitive examinations. 

35. How many positions were subject to such examination in 1905? 

36. Explain how the president is enabled to control the acts of 
officials who execute the laws. 

CHAPTER XVHI. 

EXECUTIVE DEPARTMENTS AND THE CABINET. 

1. Name the executive departments of the national government. 

2. Compare in number and organization with those in Missouri. 

3. What is the cabinet? 

4. What is the general title of the head of a department? 

5. Explain the subdivisions in each department. 

6. Show the relations existing among the different officials in each 
department. 

7. What are the differejnt classes of duties of the secretary of state? 

8. W^hat general matters are attended to by the treasury department? 

9. Explain the duties of the treasurer. 

10. Name some of the special matters attended to by the treasury 
department. 

11. What important matters other than military affairs are attended 
to by the war department? 

12. Explain the duties of the attorney general. 

13. Name the important matters attended to by the department of 
the interior. 

14. Same for the department of agriculture. 

15. Same for the department of commerce and labor. 

16. Name some of the special bureaus and commissions which are not 
included in any of the executive departments. 



2U APPENDIX B 

CHAPTER XIX. 
JUDICIAL DEPARTMENT. 

1. What are the kinds of cases which can be decided by national 
courts ? 

2. When can a court declare that an act of congress or of a state 
legislature is unconstitutional? 

3. Name the classes of national courts. 

4. Explain the organization of the district court. 

5. Same for the circuit court. 

6. Same for the circuit court of appeals. 

7. Same for the supreme court. 

8. What is the court of claims? 

9. How and for what terms are national judges chosen? 

10. Compare with rule in Missouri. 

11. Compare salaries of national judges and Missouri judges. 

12. Name the administrative officials of the district and circuit courts. 

13. Who are subject to impeachment in the national government? 

14. Explain the process of impeachment. 



APPENDIX C 

QUESTIONS ON THE HISTORY OF MISSOURI. 

These questions are placed at the close of the book rather than 
at the end of each chapter in order to encourage a more independ- 
ent use of the history. Topical recitations should be encouraged in- 
stead of the method of formal question and answer. The figures 
refer to the paragraphs. 

1. Who was the first white man in Missouri? How long after 
Columbus discovered America? What was the result of his ex- 
pedition? 

2. Who were the earliest French explorers? For what purpose 
did they come from Canada? How did they travel? 

3. Who was the leader of the second exploring party front 
Canada? In whose name did he claim the valley? What did he 
call the region? 

4. When and where was the first settlement by white men 
in Missouri? Where was the second settlement and by whom? 
What other settlement was soon made? 

5. Who, after the Indians, were the first owners of the land? 
How did LaSalle take possession of the valley? Where was the 
seat of French authority? 

6. Who were the second owners? How did they acquire pos- 
session? How did the Spanish divide the territory? Where did 
they make the capital? Whom did they name as commandant? 

7. Who was the "last great Indian?" How did he treat the 
French and the English? What was his fate? 

8. What of the rule of the Spaniards? Who was the first lieu- 
tenant-governor? What of the enforcement of the law? 

9. How did the early settlers build their towns? How was 
property held? What of the social and business life of the people? 

10. Were the settlers in Missouri involved in the Revolution- 
ary war? Of what was DeLeyba guilty and what was the result? 

11. What notable events occurred during the Spanish rule? 
What was the population of the district in 1770? In 1780? What 
was the largest town? From where did later immigration come? 

12. When did the United States acquire title to the territory? 
Under what document ? 

13. How did France get the Territory back from Spain? Whenf 
Was the territory in speech and government, Spanish or French? 

14. V\^hat did Napoleon fear if transfer became known? Was 
it long kept secret? What did it cause in America? 

15. Why did the settlers desire control of the Mississippi river? 
Whom did they fear? What did Thomas Jefferson plan to do? 
How did he proceed? 



2^6 APPENDIX C 

16. What did Jefferson's commissioners do? Why was Napoleon 
willing to sell? What was the purchase price? 

17. What did the treaty settle? What other important pro- 
vision in the treaty? What did the people now become? 

^ 18. How was the formal transfer made? Who represented the 
United States? Who represented Spain? 

19. How large is Louisiana Purchase Territory? How has it 
grown ? 

20. ^Vho was the first governor of the territory of Louisiana? 
How was it divided? Who became the first governor of Upper Louis- 
iana ? When was it separated from the territory of Indiana ? . 

21. For what did the settlers ask Congress? What did Congress 
do? To what did the people object? 

22. What was the condition of land titles? What effect did this 
have? What did Congress finally pass? What was the result? 

23. Was Wilkinson successful as governor? Of what was he 
accused? What was the outcome of the trial? 

24. How is Aaron Burr's life connected with the history of 
Missouri? What did Burr hope to accomplish? Upon whom did 
he rely? What was the outcome? 

25. What was done in Wilkinson's administration? Who were 
hii associates? How long did he serve? 

26. How was the territory divided? What were the military 
commands? Was the system of organization continued? 

27. Whence came the immigration? Why were the English at- 
tracted to Missouri? What were the relations between the races? 

28. How did the English pioneer differ from the French pio- 
neer? How did the settlers of each race live? 

29. How were the houses of the English built? The houses 
ol the French? How were doors and windows made? 

30. What of the food and clothing of the pioneer? How were 
purchases made? What was the most common coin? 

31. What of the life of the pioneer? How was he describ- 
ed by the New England visitor? Whence did he get his laws? 

32. What provision iwas made for schools? What was the 
result of the labors of Riddick? 

33. Were the Indians friendly? What treaty was made with 
the Osages and by whom? What noted men fought in the Black 
Hawk war? 

34. Who was the most famous pioneer? Why did he come to 
Missouri? What of his treatment, his life and death? 

35. How did many statesmen regard the west? What did 
others think? How was the purchase of the Louisiana territory re- 
garded ? 

36. Who sent out the Lewis and Clark expedition? When? 
Who were its leaders? Where and how did the expedition go? 

37. When did the expedition return to St. Louis? What had 
it accomplished? What action did congress take? 

38. What were the results of the condition? What effect did it 



APPENDIX C 26* 

have on the criticism of the Louisiana Purchase? What was the 
most important result ? 

39. What were the Pike expeditions? What did they accom- 
plish? Who were the Pikers? 

40. Who was appointed governor of the territory by Jeffer- 
son? How long did he serve? How did Lewis die? Who succeed- 
ed him as governor? 

41. When did the New Madrid earthquake take place? Where 
did it have its most serious outbreak? 

42. What preceded the earthquake? What effect did the earth- 
quake have on the land and water? 

43. How were the farms affected? Were many persons killed? 
What of river navigation? 

44. What was Congress asked to do? What did Congress do? 
Did this afford relief? Why not? 

45. When did the territory of Louisiana become the territory 
of Missouri? How had it been before? Who was the last gov- 
ernor of the old territory? What was his last official act? 

46. What privilege did the inhabitants of the territory now pos- 
sess? How was th^ territory governed? How were the officers 
chosen and what were their duties? 

47. Who was the first and only governor of the territory of 
Missouri? How long did he serve? Who was the first delegate in 
Congress? What weer the names of the counties? 

48. What laws were passed by the territorial legislature? What 
was the first bank? 

49. What was the population in 1810? In 1820? When and 
where was the first large permanent English settlement ? From 
where did the new immigration come? 

so. What was the occupation of the settlers? Did town or 
county grow most rapidly? What pursuits other than agriculture 
were followed? 

51. When did the first steam boat reach St. Louis? When did 
the first steamboat ascend the Missouri river to Franklin? What 
was the result of the new mode of travel? 

52. What of the life of the people? What was the first news- 
paper? What other evidences of increasing civilization? 

53. What followed the tremendous growth? What was the 
cause? What resulted? How did relief come? 

54- When did the territory ask admission as a state? Vv^hen was 
it finally admitted? What did the contest over admission involve? 

55. Upon what did the contest hinge? What were the argu- 
rnents for and against admission as a slave state? How was the ques- 
tion of Alabama's admission settled? 

56. What was the first struggle in Congress? What was the 
Tallmadge resolution? What were the arguments for and against 
the resolution? What was it conceded Missouri would do if the 
restriction was imposed? 



2^8 APPENDIX C 

57. What was the first Missouri compromiser How was it 
brought about? Did it settle the question? ^ . 

58. What did Missouri do? What did the state constitution 
contain? What objection was raised? What was the answer to 
this objection? 

59 What was the second Missouri compromise? Who was its 
author? What was Missouri to do under this compromise? 

60. What did Missouri do? What did the Solemn Public Act 
declare? What action did President Monroe taker What was the 
date of Missouri's admission to the union as a state? 

61. Who was the first governor of the state of Missouri? Who 
was the first lieutenant-governor? When were the state officers 
chosen? ' 

62. How was the first legislature composed? When and where 
did it meet? What did it do? 

63. How was the state capital located? What was it called? 
When was the seat of government moved there? Has it ever been 
changed ? 

64. Who were the first two United States senators from Mis- 
souri? How were they chosen? How long did they serve? 

65. Who were among the early statesmen? Who was John 
Scott? The first supreme judges? The first attorney-general? 

66. With whom did Barton fight a duel? Why? When was 
duelling stopped? 

67. When was the Great Seal of Missouri adopted? What does 
it contain? What are its devices or emblems? 

68. What was the Santa Fe trade? How was it carried on? 
Was it profitable ? 

69. Who was the second governor? When chosen? W^hen did 
he die? Who succeeded him? Who succeeded Governor Williams? 

70. Who visited St. Louis in 1825. How was he received? 

71. When did political parties take shape? How were electoral 
tickets named? How was contest for congress decided? Who was 
chosen governor? 

72. Was any attempt made to abolish slavery? What upset the 
plan ? 

73. What barbarous practice prevailed? What aroused public 
sentiment? What did the legislature do? What action was taken 
by Governor Bates? What did the legislature afterwards doi' 

74. What is said of the Black Hawk War? What steps were 
taken by Governor Miller? 

75. Who was the fifth governor? What was he called? Why? 
When and why did he resign? Who was his opponent for the gover- 
norship ? 

76. When was the first railroad convention ? What action was 
taken? Who prepared a memorial to congress? When was a rail-, 
road built to Jefferson City? 

77. What was the Lovejoy incident? Wh^n was Lovejoy kxh 
ledl What was the result? 



APPENDIX C 269 

78. What was the Platte Purchase? By whom was it owned? 
How was it secured for Missouri? Why was this difficult? 

79. Who succeeded Governor Dunklin? What was the result 
of the next election? What distinguished the administration of Gov- 
ernor Boggs? 

80. What was the origin of the Mormons? Where did they 
first locate in Missouri? Where next? Where was to be the temple? 
What difficulties did they have with the Gentiles ? 

81. When was the first serious trouble? How was it caused? 
How v/as it settled ? What followed ? 

82. What became of the Mormon Jteaders? Where did the 
Mormons go? What are the Latter Day Saints? 

83. Who fought the Seminole War? When? What was the 
only state asked for volunteers? Who was killed in this war? 

84. What was the panic of 1837? What was its result? How 
long before the country recovered? 

85. When did Missouri establish a State University? Where was 
it located? When was the corner-stone laid? 

86. Who were presidential candidates in 1840? How was the 
campaign conducted? For whom did Missouri vote? - Who was 
elected? 

87., Who were the opposing candidates for governor? Who was 
successful? When did Governor Reynolds die? Who succeeded him? 

88. What was the chief issue of the campaign? What did the 
whigs claim? What did the democrats claim? What was the Mis- 
souri belief ? 

89. What did Governor Reynolds bring about? What were 
the old laws as to debtors? What was the result of the law? 

90. What boundary line was settled in 1840? What were the dif- 
ferences about? How was it settled? 

91. What was Muster Day? What was the militia law? Who 
were excused from military service ? 

92. What caused the flood of 1844? What was the result of the 
flood? Has the Missouri river been so high since that time? 

93. Who was the ninth governor? Upon what platform was 
he elected? What were the voters called who supported him? What 
were their opponents called? 

94. When was a new constitution framed? What fate did it 
meet at the polls? What amendment was afterward adopted? 
Haw long did the old constitution remain in force? 

95. Why was the annexation of Texas of special interest in Mis- 
souri? When was the war with Mexico? What was the result 
of the governor's call for volunteers? 

96. What was Doniphan's expedition? Where did it march? 
How was Santa Fe taken? What followed? 

97. What was the next march of Doniphan? What of the 
fight at Brazito? How many Americans were kilkd or v/ounded? 

98. What was the principal battle in which the Missourians 



270 APPENDIX C 

were engaged? What city did Doniphan capture? How did the 
Missouri troops return? 

99. What was Price called upon to do in Santa Fe? What did 
Missourians accomplish in this war? 

100. Who v/as the tenth governor? Whom did he defeat? 
What was the total vote? Who was chosen lieutenant-governor? 

loi. What stirred the state in 1849? What was involved rela- 
tive to the extension of slavery? What was said by some Missou- 
rians? 

102. What were, the Jackson resolutions? What was the re- 
sponse of Atchison and Benton to the resolutions? 

103. What v/as Benton's position? What did he call the resolu- 
tions? Was Benton successful? 

104. What was done by the state toward internal improvements? 
What railroads were aided? 

105. Who was the eleventh governor? Who was his opponent? 
Who was chosen lieutenant-governor? 

106. What issue was discussed in the legislature and through- 
out the state? How were the parties divided on this issue? 

107. What made the discussion more intense? What did some 
persons hold regarding the Missouri compromise? What was 
squatter sovereignty? 

108. What was the Kansas trouble about? What was the pur- 
pose of the immigrants? Did the immigrants appear like actual s.et- 
tlers? 

109. How were the aid societies met? How did the first elec- 
tion result? Was this election declared illegal? How did the next 
election result? Who was John Brown? 

no. What was the result of the civil strife? What were the 
outlaws called? What were some of the outrages committed? Who 
was James Montgomery? 

111. Who was the twelfth governor? Who were his oppo- 
nents for the governorship? Who was chosen senator? Who suc- 
ceeded Polk? 

112. Who was chosen governor in 1856? Who was the Whig 
candidate? What was done under Stewart's administration? 

113. What was the Dred Scott decision? What did Chief Jus- 
tice Taney say? What was the effect of the discussion? 

114. How had the state grown? What people were the largest 
immigrants? Why did they migrate? 

115. What did the legislature of i860 decide? What was put 
in the call for the convention? What did those who believed in 
secession expect? What of others? 

116. What were the new parties? What did each believe? What 
great newspaper lent its influence to the Conditional Unionists? 

117. Who won? How were the members divided betv/een the 
parties? What was the character of the convention? 

118. Who was chosen president of the convention? What 



APPENDIX C 271 

resolutions did it adopt? Who was chairman of the committee tha/ 
presented the resolutions? 

119. What further did the convention declare? What question 
caused much debate? Where did the convention stop in its declara- 
tion? 

li.'^o. When did the convention adjourn? Did it reconvene? 
Did the action of the convention reflect the wishes of the majority 
of the people? 

121. What incidents showed public sentimient? Who was chosen 
senator ? 

122. Did the plans for peace succeed? What was Camp Jackson? 
Who was in command? Who was the leader of the Unconditional 
Unionists? What did he do? 

123. How did Blair prepare for war? Who was the commander 
of the arsenal? Who was the successor? Who was in charge of 
the United States troops? 

124. What did the surrender of Fort Sumter mean? What did 
President Lincoln do? What was Governor Jackson's reply? 

125. Was there another government arsenal? Was it captured? 
What did Lyon and Blair do when they heard the news of the 
capture? 

126. What action did General Frost take? What was Caipt. 
Lyon's reply? What became of the state troops? 

127. What occurred after the surrender? Who were killed? 
Were the troops released? 

128. What was the first result of the capture of Camp Jackson? 
What was the effect upon the Conditional Unionists? What action 
did General Price take? 

129. What effect did the capture have upon the Unconditional 
Unionists? What did General Harney say? 

130. What further efforts were made for peace? What con- 
ference was held? With what result? Did the agreement made 
stand ? 

131. What other conference was held? Who took part in it? 
What did Governor Jackson offer? What was Lyon's reply? What 
was the result? 

132. What did Governor Jackson do? What action did General 
Lyon take? Did war begin? 

133. What is said of Missouri soldiers? Their numbers? 
Compared with other states? How many battles were fought? 

134. When and where was the first battle? Who took part? 
What was the result? What other conflicts soon followed? 

135. What of the battle of Wilson's Creek? How many were 
engaged in this battle? What was the result? 

136. What of the siege of Lexington? How many were en- 
gaged on both sides? What other battles were fought? 

137. What was done at Neosho? W^as it legal? W^ere repre- 
sentatives chosen to the Confederate Congress? 



2t2 APPENDIX C 

138. What of the battle of Pea Ridge? What was the result? 
What became of Price and his troops? 

139- What was done in 1862? What were some battles of note? 
Where was most of the fighting? What of Jo Porter? 

140. What of Order No. 11? Upon whom did the Order 
fall heaviest? What was the result of the enforcement of the order? 

141. What of Price's last raid? What of Joe Shelby? What 
of the retreat? When did the war end? 

142. Who governed Missouri during the civil war period? 
What was the work of the convention? When did it finally ad- 
journ? 

143. What became of Governor Jackson? Who succeeded him? 
Who assumed authority? 

144. Who was chosen president of the convention to succeeed 
Price? Who was elected governor? What other action did the 
convention take? 

145. What has the convention been called? Why? Who 
succeeded Gamble? 

146. What has been said of the convention? What did the 
extreme radicals say of it? What was President Lincoln's reply? 

147. What of the new political parties? What was the divid- 
ing line? Did the parties wish to free the slaves? What action did 
the convention take? Who were successful in the election? 

148. What of the legislature of 1862? What was said in Gov- 
ernor Gamble's message? Who were chosen Senators? 

149. What of the life of the people? What is said of the home 
and the children? What of Civil War? 

150. Who was chosen governor in 1864? For whom did the 
state vote for president? What convention was called? Who was its 
leading spirit? 

151. What was the first subject taken up by the convention? 
What action was taken? What was Manumission Day? 

152. What was the ousting ordinance? What was its effect? 
Was there objection? 

153. What action of the convention caused the most bitterness? 
What was the oath called? What were the penalties for not taking 
the oath? 

154. What amendment was offered? Why? Was the effect to 
amend the oath succesful? 

155. What wise provision did the constitutlo^n contain? How 
was it acted upon? Was it adopted? 

156. Was the test-oath resisted? Who opposed it? What was 
the result? 

157. What was the chief political issue? How did the first cam- 
paign result? What was the registration law? What was its effect? 

158. When did the state begin to recover from the civil war? 
How? What was done with the slaves? 



APPENDIX C 273 

159. What parties nominated candidates for governor in 1868? 
Who was successful? Who was beaten? 

160. When did negro suffrage become an issue? What was the 
first vote of the people? What was the result of the second test 
of the question? 

161. What did Governor McClurg urge? Did the legislature 
adopt the suggestions? What was the result of the popular vote? 

162. What differences arose in the republican party? What 
were the opposing elements called? Who were nominated by the two 
elements? 

163. What was the result of the election? What policy did the 
democrats pursue? 

164. What of the growth of the state? How did it rank in 
1870 in population? What was its taxable wealth? 

165. Who was the twenty-first governor? What came about 
during his administration? What is said of the treatment of the ne- 
gro? 

166. What trouble was caused by railroad debts? How were 
the bonds sold? Were the bonds issued? 

167. W^as payment resisted? What was the result? Were the 
bonds finally paid? 

168. What is said of the state's railroad debt? Did the railroads 
finally pay? Did the state sell the roads? 

169. Who were the candidates for governor in 1872? Who 
won? For whom did Missouri cast her vote for president? Wh^ 
became of the Liberal Republican party? 

170. What occurred during the administration of Governor 
Woodson? What did he recommend? What action was taken by the 
legislature? 

171. What was the cause of the Grange? Of whom was it com- 
posed? Where was it strongest? 

172. What were the political issues of 1872. What were the 
party platforms? Who were the candidates for governor? Who 
won? 

173. What is said of the grasshopper plague? What damage 
was done by them? When did they disappear? 

174. When was a convention held to form a new constitution? 
Was it adopted? When? What are some of its provisions? 

175. Who was chosen governor in 1876? Who was his op- 
ponent. 

176. Who was chosen governor in 1880? What was a notable 
event of his administration? What was done to enforce law and or- 
der? 

177. Who was chosen governor in 1884? What is S'lid of the 
campaign? What was a leading event of the Marmaduke adminis- 
tration? Who succeeded Marmaduke? 

178. What is said of the local option law? How did the votes 
stand? What was held by the courts? 



274 APPENDIX C 

179. Who was chosen governor in 1888? What notable event 
took place in Francis' administration? What amendment to the 
constitution was adopted? 

180. Who was chosen governor in 1892? What change in tax- 
ation took place? What was the result? 

181. What is said of the strikes that occurred during Stone's 
administration? What damage was done? 

182. Who was chosen governor in 1896? Who in 1900? Wh« 
in 1904? 

183. What great event took place in St. Louis ia 1904? What 
was its value to the west ? 

184. What is Missouri's present rank among th*; states? How 
is it located? In what does it excel? 

185. What is said of its agriculture? Where diu its population 
reside? What of its cereal production? 

186. What is said of its live-stock? How does this compare 
with other states? 

187. What is said of its horticulture? What are its claims here 
to high rank? 

188. What is said of its mining? How does its product compare 
with that of other states? 

189. What is said of its manufactures and commerce? What is 
said of its future in this regard? 

190. What is said of its schools? How does this compare with 
other states? 

191. How can Missouri be best classed? 

192. How is it located? What is said of its size and popula- 
tion ? What of its economic position ? 

193. What is said of the people of Missouri? What of its 
spirit ? 

194. What is the Latin motto of the state? What does it ex- 
press? 






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